M/S Vijay Rice And General Mills v. Union Of India And ORS.

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

CWP 1798 of 2017 Date of decision: 1.2.2017 M/S Vijay Rice & General Mills Petitioner vs.

Union of India and others Respondent

Present:

Mr. Daman Dhir, Advocate.

M.M.S.BEDI,J.

The petitioner is aggrieved by imposition of interest of Rs.86506/-, Included in the paddy milling bill for the crop year 2012-13. It has been submitted by counsel for the petitioner that the petitioner is not liable to pay the interest as the amount of interest at fixed rate stands already paid to State Govt. agencies i.e. Pungrain, Markfed, Punsup, Punjab Agro & PSWC, as per the RTI information received (Annexure P8) from Manager (Accounts) FCI, District Office Faridkot. The said claim appears to have not been raised before the authority demanding the payment of interest.

The petitioner has got an alternative remedy of approaching the Arbitrator. Counsel for the petitioner submits that the Arbitrator will not have any jurisdiction to pass any order regarding the interest. All the pleas pertaining to the entitlement of delayed milling can be raised by the petitioner. The Arbitrator can pass an interim order also in favour of the petitioner regarding the recovery of interest. Relegating the petitioner to the alternative remedy, the petition is disposed of as not maintainable.

February 1 ,2017 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No Tapinder Singh Mann 2017.02.01 16:35 I attest to the accuracy and integrity of this document