GOLD STAR GREEN SEEDS PVT. LTD. AND ORS. Vs. U.O.I. AND ORS.
LAWS(ALL)-2020-5-93
HIGH COURT OF ALLAHABAD
Decided on May 26,2020

Gold Star Green Seeds Pvt. Ltd. And Ors. Appellant
VERSUS
U.O.I. And Ors. Respondents

JUDGEMENT

SAURABH LAVANIA,J. - (1.) Sri Amol Kumar, learned counsel for the petitioners, Sri Nishant Shukla, learned counsel for the Union of India and Sri Vijayant, learned counsel for the National Agriculture Cooperative Marketing Federation of India (in short "NAFED") appeared before this Court through video conferencing.
(2.) Learned counsel for the petitioners submitted that the petitioner/Gold Star Green Seeds Pvt. Ltd. (in short "Supplier") supplied Dhaincha Seeds to opposite party No. 4/Bihar State Beej Nigam Limited, Bihar through its Managing Director (in short "Nigam/Institution"). With regard to supply of Dhaincha Seeds, the Nigam requested NAFED. The NAFED in terms of the agreement dated 10.01.2011 directed the petitioner/Gold Star Green Seeds Pvt. Ltd. to supply Dhaincha Seeds to the Nigam vide letter dated 20.04.2011. The total amount of the Seeds supplied by the petitioner on the basis of the supply order issued by the NAFED in terms of the agreement dated 10.01.2011 amounts to Rs. 10,37,59,457.20. In terms of the agreement dated 10.01.2011, the Nigam was/is under obligation to pay the amount related to Dhaincha Seeds supplied to the NAFED and thereafter the NAFED was/is under obligation to pay the amount of Seeds supplied to the petitioner. Out of Rs. 10,37,59,457.20, the petitioner received Rs. 7,44,73,352.00 and the amount still due is Rs. 2,92,86,105/-. The amount due is undisputed and in this regard learned counsel for the petitioner placed reliance on para 14 to 18 to the writ petition as also Annexure Nos. 4 to 8 to the writ petition. The amount due i.e. Rs. 2,92,86,105/- has not been paid till date and accordingly the petitioner has been compelled to file the present writ petition for the reliefs sought. Main reliefs sought are as under:- "01- Issue a Writ, Order or direction in the nature of Mandamus thereby directing the opposite parties, more particularly opposite party no. 2 and 3, to pay the admitted amount i.e. 2,92,86,105/- along with admissible interest. 02- Issue a Writ, Order or direction in the nature of Mandamus thereby directing the opposite parties to decide the representations dated 19.12.2019 pending before them."
(3.) Learned counsel for the petitioner further submitted that in similar facts and circumstances, the Writ Petition No, 8117 (MB) of 2015 filed by the petitioner against NAFED and U.P. Beej Vikas Nigam was entertained and allowed by this Court vide judgment and order dated 14.02.2020.;


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