S.K. INDUSTRIES Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2020-12-78
HIGH COURT OF ALLAHABAD
Decided on December 03,2020

S.K. Industries Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) The present writ petition has been filed praying for the following reliefs :- "(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1/2 to decide arbitration claim (contained in annexure No. 7 to the writ petition) within a period of three months or within as short a period as may be deemed to be necessary under facts and circumstances of the case. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents and their subordinates etc. not to take any coercive measure on the basis of recovery certificate dated 19.09.2018 forming subject matter of aforesaid arbitration proceedings (copy of arbitration claim petition annexure no. 7 to the writ petition)."
(2.) The principal grievance sought to be raised is against a recovery certificate dated 19.9.2018 for amount of Rs. 48,60,102/- issued against the petitioner in accordance with Clause 19 of the Paddy Purchase Policy 2017-18 dated 31st August, 2017.
(3.) The petitioner claims to have filed an application seeking settlement of dispute under Section 30 of the Arbitration and Conciliation Act 1996 (the Act, 1996) as per clause 12 of the CMR agreement. The petitioner also claims to have filed an application for staying the recovery proceedings during the pendency of the settlement proceedings.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.