Gujarat High Court
Gujarat State Co-Operative Marketing ... vs National Agricultural Co-Operative ... on 23 July, 2015
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/17446/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 17446 of 2014
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GUJARAT STATE CO-OPERATIVE MARKETING FEDERATION
LIMITED,....Petitioner(s)
Versus
NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION
OF INDIA LIMITED (NAFED), & 1....Respondent(s)
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Appearance:
MR DIPEN DESAI, ADVOCATE for the Petitioner(s) No. 1
MR PARESH M DARJI, ADVOCATE for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 23/07/2015
ORAL ORDER
1. Heard Mr. Desai, learned advocate for the petitioner and Mr. Darji, learned advocate for the respondents.
2. The petitioner has taken out present petition against the respondents and prayed that the respondents be directed to pay Rs.27.44 lakh to the petitioner and the petitioner has further prayed that the respondents be restrained from recovering Rs.175.83 lakh from the petitioner. Page 1 of 3 C/SCA/17446/2014 ORDER
3. Mr. Darji, learned advocate for the respondents submitted that actually, the respondents have huge claim which is to be recovered from the petitioner and that, therefore, the relief prayed for by the petitioner does not deserve to be entertained.
4. The rival submissions and more particularly the relief prayed for by the petitioner give out and there is substantial dispute and differences between the parties inasmuch as the respondents claim that it has to recover about Rs.175 lakh from the petitioner, whereas, according to the petitioner, the respondents have no claim against it and it is the petitioner who has to receive about Rs.27 lakh from the respondents.
5. In this context, Mr. Darji, learned advocate for the respondents referred to Clause No.24 in the Agreement between the parties. The said clause reads thus:
"24. In case of any dispute and differences whatsoever arising between the parties to the agreement in any manner touching the subject matter of the agreement, the same shall be referred to the Central Registrar for decision in terms of section 84 of the Multi State Page 2 of 3 C/SCA/17446/2014 ORDER Cooperative Societies Act 2002. Venue (Ahmedabad of the office of BM Nafed). All disputes subject to the jurisdiction of Delhi Courts."
6. In view of the fact that the agreement between the parties provides for alternative remedy for resolution of dispute, the petition does not deserve to be entertained.
7. Besides this, even otherwise, having regard to the fact that there is substantial dispute and differences between the parties and such dispute and differences relate to monetary claim, it would not be appropriate to entertain present petition.
8. The petitioner has other remedy also available for adjudication or resolution of the dispute, in addition to the remedy provided under the agreement.
9. Therefore, the petition is not entertained and the petitioner is relegated to such alternative remedy as available under the agreement or under any provision.
(K.M.THAKER, J.) Bharat Page 3 of 3