M/S Midha Logistic Services Pvt Ltd v. Food Corporation Of India And ORS

CWP No.18276 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.18276 of 2016 Date of decision:26.09.2017 M/s Midha Logistic Services Private Limited ... Petitioner Vs.

Food Corporation of India and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. K.K.Goel, Advocate for the petitioner.

AJAY KUMAR MITTAL, J. (ORAL) 1.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the order dated 08.08.2016 (Annexure P-1) which was passed in supersession of the orders dated 29.07.2016 (Annexure P-7) being illegal, malafide and against the terms and conditions of the Model Tender Form (MTF).

2.

Learned counsel for the petitioner submitted that term of the contract has expired on 28.02.2017 and thus, in view thereof, writ petition has been rendered infructuous and the same may be disposed of as such. 3.

Ordered accordingly. Further prayer was made by learned counsel for the petitioner that liberty may be granted to the petitioner to take recourse to the remedy by filing a civil suit to claim the damages on account Savita 2017.09.29 14:19 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.18276 of 2016 of wrongful action having been taken by the Food Corporation of India for not allocating the food grains over and above the quantity of 2500 MT per month.

4.

However, it is observed that it shall be open to the petitioner to take recourse to the remedies as may be available to it, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (AMIT RAWAL) JUDGE September 26, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.09.29 14:19 I attest to the accuracy and integrity of this document High Court Chandigarh