Shri Ram Krishna Agro v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3479 of 2018 • Shri Ram Krishna Agro, Proprietor Niraj Garg, S/o Late Shri G.D. Garg, Aged About 40 Years, Village Khala, Darima Road, Police Station Darima, Ambikapur, District Sarguja Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Principal Secretary, Department Of Food, Civil Supplies and Consumer Protection, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Managing Director, Chhattisgarh State Cooperative Marketing Federation Ltd, Headquarter, Hitvaad Parisar, Avanti Vihar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Collector, Sarguja, Ambikapur Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

4. District Manager, Chhattisgarh State Civil Supplies Corporation Ltd, District Office Ambikapur Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

5. District Marketing Officer, Chhattisgarh Cooperative Marketing Federation Ltd, Ambikapur, Sarguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For Petitioner Shri Sachin Tamaskar, Advocate For Respondent-State Shri H. S. Ahluwalia, Dy. AG For Respondent No.4 Shri N. K. Vyas, Advocate Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 07/01/2019 1.

The impugned order has been passed by the Secretary of the Government of Chhattisgarh in the Department of Food, Civil Supplies and Consumer Protection by acting as an arbitrator on

an arbitration application filed by the petitioner. The impugned order has the effect of an award under the Arbitration and Conciliation Act, 1996, therefore, the remedy for the petitioner lies in moving before the jurisdictional District Judge or the Commercial Court under Section 34 of the Act, 1996. 2.

The writ petition is not the appropriate remedy. Accordingly, it is dismissed.

Sd/- Prashant Kumar Mishra Judge Nirala