Mis. K.C.P.Sugar And Industries Corporation Ltd., v. Mis Indian Oil Corporation Limited,
THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION No.17933 OF 2015 ORDER:
Heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the respondents. The prayer sought for in the writ petition is as under: " to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the inaction of the respondents in not releasing the overdue payment of Rs.
1,39,51,630 (Rupees One Crore Thirty Nine Lakhs Fifty One Thousand Six Hundred and Thirty) outstanding for more than 21 days for the supply of indigenous denatured anhydrous ethanol for the period 04 04-02-2015 to 24-03-2015 against invoice numbers 7248, 7254, 7305, 7453, 7509, 7538, 7539, 7565, 7755, 7791, 7792, 7810, 7831, and 7868 dated 04-02-2015, 05-022015, 11-02-2015, 13-02-2015, 20-02-2015, 25-02-2015, 25-02-2015, 02-03-2015, 09-032015, 11-03-2015, 11-03-2015, 16-03-2015, 18-03-2015, 24-03-2015 amounting to Rs.
1,39,51,630 (Rupees One Crore Thirty Nine Lakhs Fifty One Thousand Six Hundred and Thirty) as arbitrary, illegal, contrary to the purchase order issued by the 2nd respondent dated 09-01-2015 besides violative of petitioners rights guaranteed under Article 14 and 19(1) (g) of Constitution of India and consequently direct the respondent to release the said amount immediately and to pass such other order or orders as this Honble Court may deems fit just and proper in the circumstances of the case".
During the course of hearing, both the counsel brought to the notice of this Court that after filing of the writ petition, the matter has been referred to an Arbitrator, vide Arbitration Case No.1 of 2015 on the file of the Arbitral Tribunal.
In that view of the matter, no further orders are required in the writ petition and the same is accordingly dismissed. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.KESHAVA RAO,J 29th NOVEMBER 2018.
Tsr