Madhya Pradesh High Court
M/S Jai Bhawani Warehouse Thr. vs Mp Warehousing And Logistics ... on 17 December, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.26243/2021
M/S Jai Bhawani Warehouse Vs. MP Warehousing and Logistics
Corporation and others
Gwalior, Dated:17-12-2021
Shri Aditya Sharma, Advocate for petitioner.
This petition under Article 226 of the Constitution of India has
been filed seeking the following reliefs:-
"(1) That, respondents be restrained from deducting
the amount in bills as contained in remark column of Annexure P/1.
(2) Any other suitable further orders may kindly be passed in the interest of justice. Cost may also kindly be awarded."
It is submitted by the counsel for the petitioner that the petitioner is the proprietorship firm. The petitioner entered into an agreement with respondent no.4 for scientific storage of agriculture and minors forest produce, seeds, manures, fertilizers, agricultural implements. The petitioner firm and respondents worked together under the Joint Venture Scheme of M.P. Warehousing and Logistic Corporation. The respondents deposited Jwar crop in the warehouse of the petitioner, however, with the passage of time, some reduction in the storage weight was found, which was on account of the fact that the crops get dried with the passage of time. The petitioner firm has given many representations to the respondents regarding depreciation and has also requested for lifting of grains, but the 2 THE HIGH COURT OF MADHYA PRADESH Writ Petition No.26243/2021 M/S Jai Bhawani Warehouse Vs. MP Warehousing and Logistics Corporation and others respondents have not taken any steps in this regard and now at the stage of clearance of bills, the MP Warehousing and Logistic Corporation is arbitrarily deducting the amount in the bills on account of depreciation of food grains caused due to natural decay process and accordingly, this petition has been filed seeking the above-mentioned reliefs.
Heard learned counsel for the petitioner. Whether the shortage of weight is on account of natural decay process or on account of negligence on the part of the petitioner is a disputed question of fact, which cannot be decided in a writ petition filed under Article 226 of the Constitution of India. Furthermore, in the contractual matters this Court cannot interfere unless and until the liability is undisputed by the respondents. It is the case of the petitioner himself that there are factual disputes between the petitioner and the respondents. Under these circumstances, this Court is of the considered opinion that the dispute which has arisen between the petitioner and the respondents requires recording of evidence for its effective adjudication. Thus, the claim made by the petitioner in this writ petition cannot be entertained and the petitioner has an efficacious remedy of filing a civil suit or for arbitration (if permissible) for redressal of his grievances. 3
THE HIGH COURT OF MADHYA PRADESH Writ Petition No.26243/2021 M/S Jai Bhawani Warehouse Vs. MP Warehousing and Logistics Corporation and others With aforesaid liberty, the petition is dismissed.
(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.12.17 19:30:20 +05'30'