National Agricultural Cooperative Marketing Federation Of India Limited (Nafed) v. The Government Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4017 of 2021 ====================================================== National Agricultural Cooperative Marketing Federation of India Limited (NAFED) through its Managing Director, Registered Office at A-8 Lawrence Road Industrial area Delhi- 110035.

... ... Petitioner/s

Versus

1.

The Government of Bihar through the Principal Secretary, Agriculture Department,Government of Bihar, Patna.

2.

Bihar Rajya Beez Nigam Limited Through its Managing Director, 6th floor Pant Bhawan, Jawaharlal Nehru Marg, Patna- 800001. 3.

Gold Star Green Seeds Pvt. Ltd. through its Managing Director, having its registered office at Madhav Puri, Kasganj, U.P. and branch office at B-33 Sector C, Aliganj, Lucknow, U.P.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Keshav, Advocate For the Respondent/s :

Mr. Sarvesh Kr. Singh, AAG-13 Mr. Sourendra Pandey, Advocate Mr. Manojeshwar Pd. Sinha, Advocate Mr. Ratan Kr. Sinha, Advocate Mr. Madhukar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 22-01-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

2. The petitioner, National Agricultural Cooperative Marketing Federation of India Limited (NAFED), is a multi-State cooperative society and has filed this writ application seeking a direction to Bihar Rajya Beez Nigam Limited (Respondent No. 2) to make payment of outstanding dues of a sum of Rs. 2,92,86,105/- which is due against supply of Dhaicha Seed,

Patna High Court CWJC No.4017 of 2021(5) dt.22-01-2022 2/2 which, according to the petitioner, was supplied by it to respondent No. 2 through private respondent No. 3, namely, Gold Star Green Seeds Private Limited.

3. It is the petitioner's case that so as to make payment of the said amount to respondent No. 3, this writ application has been filed seeking a direction to respondent No. 2 to make payment of the aforesaid amount to the petitioner.

4. It is stated at the Bar that in relation to the same transaction, respondent No. 3 has approached the Supreme Court against certain order passed by the Allahabad High Court giving rise to SLP No. 7807 of 2021.

5. Since the matter is admittedly pending before the Supreme Court in respect of the same transaction in which the petitioner has already entered appearance, we are not inclined to entertain this writ application at this stage.

6. This application thus stands disposed of without entering into the merits of the case.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) Rajesh/- U