M/S Shri Sai Indrustries through Its Prop. Mahesh Chandra Vs State of U.P through Secretary Revenue and 2 Others

Court No. - 3

Case :- WRIT - C No. - 2761 of 2022

Petitioner :- M/S Shri Sai Indrustries Through Its Prop. Mahesh Chandra Respondent :- State Of U.P Through Secretary Revenue And 2 Others

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Counsel for Petitioner :- Sharda Prasad Mishra,Prashant Sharma

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Counsel for Respondent :- C.S.C.,Arun K. Singh Deshwal

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Jayant Banerji,J.

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Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents.

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This writ petition has been filed praying for the following relief:

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"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery citation and certificate dated 8.12.2021 issued by the respondent no. 2 and 3 respectively (Annexure No. 7 to the writ petition).

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(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive measures against the petitioner in pursuance of recovery citation and certificate dated 8.12.2021."

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The impugned recovery certificate has been issued for recovery of the amount representing the value of the CMR which has not been returned by the petitioner to the Government. Therefore, we do not find any good reason to interfere with the impugned recovery certificate.

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Learned Standing Counsel has stated that every agreement with the rice millers contains an arbitration clause and therefore, the petitioner could have invoked the arbitration clause.

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In view of the aforesaid, we do not find any good reason to entertain this writ petition. Consequently, the writ petition is dismissed .

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Order Date :- 22.4.2022 A. V. Singh

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Digitally signed by AJAY VIKRAM SINGH Date: 2022.04.22 17:52:16 IST Reason: Location: High Court of Judicature at Allahabad

M/S Shri Sai Indrustries through Its Prop. Mahesh Chandra v. State of U.P through Secretary Revenue and 2 Others

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M/S Shri Sai Indrustries through Its Prop. Mahesh Chandra v. State of U.P through Secretary Revenue and 2 Others

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