Dismissed

M/s Chhattisgarh Packagers Pvt. Limited v. State Of Chhattisgarh

Chhattisgarh HC13 Nov 2024WPC/1923/2016

Case brief

AI extract

What is this about?

Disposal of a writ petition challenging illegal cancellation of a work order and non-payment of dues. The Court held that under the contract terms, the petitioner must avail the remedy under Clause 13 within Raipur's jurisdiction and disposed of the petition with liberty to approach the appropriate forum.

What did the court decide?

Writ petition disposed of with liberty to approach appropriate forum under Clause 13 of the contract.

M/s Chhattisgarh Packagers Pvt. Limited Vs State Of… — Consumer Protection | Chhattisgarh HC (2024)

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WPC No. 1923 of 2016

2024:CGHC:44602

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1923 of 2016

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M/s Chhattisgarh Packagers Pvt. Limited Through Its Director Shri Shyamlal Gupta, S/o Ganesh Prasad Gupta, Aged About 85 Years, Office At 4/1, Nehru Nagar (W), Bhilai, District Durg, Chhattisgarh

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... Petitioner

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versus

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State Of Chhattisgarh Through The Secretary, Women And Child Welfare Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh

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Chhattisgarh Sanwad, Through The General Manager, Office At Near Mahila Thana, Chotapara, Raipur, District Raipur, Chhattisgarh

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Chief Executive Officer, Chhattisgarh Sanwad, Near Mahila Thana, Chotapara, Raipur, District Raipur, Chhattisgarh

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... Respondents

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For Petitioner	: Mr. Avinash Chand Sahu, Advocate
For Respondent/State	: Mr. Devesh Kela, Panel Lawyer
For Respondents No.2 & 3	: Mr. Ved Chandrakar, Advocate appears on
	behalf of Mr. Jitendra Pali, Advocate

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

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Order on Board

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14/11/2024

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By the present writ petition, the petitioner is seeking for the following reliefs :-

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WPC No. 1923 of 2016

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10.1 That, the Hon'ble Court may kindly be pleased to direct the respondents to accept the 3000 units of Height Measuring Chart already prepared by the petitioner but arbitrarily and illegally denied to the accepted by the respondent No.2 on the ground that sample has not been approved by him, whereas already the samples were approved by the highest authority/respondent No.1.

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10.2 That, the Hon'ble Court may kindly be pleased to direct the respondents to make payments of dues of petitioner to the tune of Rs.56,10,000/-, which has been not paid by the respondent No.2 in violation of Article 14 of the Constitution of India.

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10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to recall its order dated 21-072014 by which the petitioner's work order has been cancelled, arbitrary, illegally, unreasonably against the principles of natural justice and in the violation of Article 14 of the Constitution of India.

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10.4 Any appropriate writ, directions or order may also kindly be passed in favour of the petitioners, which this Hon'ble Court deems fit in the circumstances of the case.

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Learned counsel for the petitioner submits that the work order has been cancelled in an illegal and arbitrary manner withholding the outstanding dues of Rs.56 lacs (approximately) without accepting the 3,000 units of Height Measuring Chart already manufactured for supply. According to the petitioner, the act of the respondents has caused serious prejudice to the petitioner. The Petitioner time and again in informed the authorities regarding the financial difficulties faced by the company but the respondent authorities acted against the petitioner with a malafide intention.

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WPC No. 1923 of 2016

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Learned counsel for the respondents placed the terms and conditions of the contract before this Court in which, there is a remedy available to the petitioner under Clause 13 within the territorial Jurisdiction of Raipur and as disputed facts are involved herein, the petitioner can avail the remedy under the said provision.

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I have heard learned counsel for the parties and perused the documents.

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From perusal of the terms and conditions of the contract as well as the dispute raised by the petitioner, it will be appropriate to dispose of this writ petition with a liberty to the petitioner to approach appropriate forum by availing the remedy enumerated under Clause 13 of the terms and conditions of the contract placed by the respondents.

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Accordingly, this writ petition is disposed of with the aforesaid liberty granted to the petitioner.

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Sd/-

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(BIBHU DATTA GURU)

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JUDGE

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$. Bhilwar

M/s Chhattisgarh Packagers Pvt. Limited v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

M/s Chhattisgarh Packagers Pvt. Limited v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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