U.C. Srivastava, S.C. Mathur, JJ. - (1.) The petitioner is aggrieved by the order dated 10th September, 1985 passed lift the U.P. Co-operative Sugar Factories Federation Ltd. suspending the contract entered into between the parties for sale of sugar through the petitioner.
(2.) There is no dispute between the parties that the contract in question does not flow from a statute It is also not in dispute that the sugar which was sold under the agreement through the agency of the petitioner belonged to the Federation and the petitioner only earned commission on the sales effected through him. There is also an arbitration clause in the agreement entered into between the parties. On these facts writ petition under Article 226 of the Constitution cannot be maintained in view of the - (1) M/s. Bisra Store Lime Co. Ltd. v. Orissa State Electricity Board, AIR 1976 SC 127. (2) M/s. Radha Krishna Agarwal and another v. State of Bihar and others, (1977) 3 SCC 457. (3) Teja Singh Vastu Engineering Ensultant, New Delhi v. State of U.P. and others, 1985 LCD 54 (Vol. 3). (4)Sarkari Sasla Anaj Vikreta Sangh v. State of Madhya Pradesh, AIR 1981 SC 2030.
(3.) It may also be pointed out that although the impugned order was passed on 10th September, 1985 the petitioner approached to this Court only on 21st July, 1986. There is inordinate delay also in approaching this Court.;