LAWS(MEGH)-2019-2-3

FOOD CORPORATION OF INDIA Vs. G. B. CHOUDHURY HOLDING PVT. LTD.

Decided On February 14, 2019
FOOD CORPORATION OF INDIA Appellant
V/S
G. B. Choudhury Holding Pvt. Ltd. Respondents

JUDGEMENT

(1.) Aggrieved by the judgment dated 30.5.2017 passed by the learned Single Judge instant appeal has been filed.

(2.) Admittedly position as emerged from the records and from rival submissions of learned counsel for the parties is that writ petitioner had entered into a contract with the Food Corporation of India (appellant herein) for transportation of food grains. The contract work allotted was successfully completed however dispute arose regarding increase and decrease of price in diesel. As a result whereof, four writ petitions WP (C) Nos.341, 342, 343 and 344 of 2016 were filed. In addition to the above issue in WP (C) No.341 of 2016, another issue was also raised regarding delay in release of security money amounting to Rs.79,96,046/- (Rupees seventy nine lakhs ninety six thousand and forty six).

(3.) The learned Single Judge by the common judgment impugned regarding dispute pertaining increase and decrease of price in diesel referred to para 10 the affidavit-in-opposition wherein, Clause XX was pressed into service providing for referring such matter to the Dispute/Redressal Committee. Clause XX is relevant of the terms and conditions governing the contract reads as under:-