Madhya Pradesh High Court
M/S Yogendra Dev Pandey Travelingh ... vs Bhopal Sahakari Dugdha Sangh Maryadit on 18 November, 2016
WP-18988-2016
(M/S YOGENDRA DEV PANDEY TRAVELINGH AGENCY Vs BHOPAL SAHAKARI DUGDHA SANGH
MARYADIT)
18-11-2016
Smt. Shobha Menon, learned senior counsel with Shri Rahul
Choubey, for the petitioner.
Heard on the question of admission and interim relief.
The petitioner has filed this petition being aggrieved by the
advertisement published in the Dainik Jagran daily newspaper
dated 27.10.2016 whereby the respondent-Bhopal Sahkari
Dugdha Sangh Maryadit has issued an advertisement calling online tender applications for giving contract for transportation of milk from various centres falling within the jurisdiction of respondent-Bhopal Dugdha Sangh Maryadit to the main processing Unit.
The learned senior counsel for the petitioner submits that the petitioner had been awarded the contract for transportation of milk from various chilling centres to the processing plant. It is submitted that the extended term of the contract is up to 30th of November, 2016.
It is submitted that in view of the dispute that arose between the parties, the petitioner has approached the arbitrator who by order dated 15.11.2016 has affirmed the interim award and has directed that the petitioner's contract shall be extended by a further period of six months. It is submitted that as the petitioner's contract is still in existence, the issuance of the advertisement by the respondent at this stage has been made with a view to frustrate the petitioner's right arising out of the award and contract and has been made after the respondents withdrew Writ Petition No. 17984/2016 filed by them before this court against the interim award passed by the arbitrator and is therefore malafide.
Having heard the learned senior counsel for the petitioner, we are of the considered opinion that undisputedly, the petitioner is still continuing to execute the contract and has been permitted by the respondent- Sahkari Dugdha Sangh Maryadit to continue to transport milk from chilling centres to the processing plant. It is also undisputed that the arbitrator has granted an interim award on 29.09.2016 which has been confirmed and affirmed on 15.11.2016 and that order continues to remain in force.
In the circumstances, at this stage, we do not find any reason to interfere with the advertisement issued by the respondent- Sahkari Dugdha Sangh Maryadit as the same does not interfere with the contract awarded to the petitioner nor has anything been brought on record before this court to indicate that the respondent is prohibiting or preventing the petitioners from executing the same. The writ petition is accordingly dismissed. However, it is made clear that in case any cause of action arises or survives, the petitioner would be at liberty to approach the arbitrator before whom the matter is pending seeking clarification.
With the aforesaid liberty/observation, the writ petition filed by the petitioner stands dismissed.
(RAVI SHANKAR JHA) (VIJAY KUMAR SHUKLA)
JUDGE JUDGE
MSP