M/S Dev Rice Mills v. Punjab Agro Foodgrains Corpn.Ltd.& ORS.

CWP No.21726 of 2016 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.21726 of 2016 (O&M) Date of Decision.03.04.2017 M/s Dev Rice Mills ........Petitioner Vs Punjab Agro Food Grains Corporation Ltd. and another ........Respondents

Present:

Mr. Mukand Gupta, Advocate for the petitioner.

Mr. Anupam Singla, Advocate for respondent Nos.1 and 2.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) The writ petition has been filed seeking the following relief:- "Civil writ petition under Article 226 and 227 of Constitution of India for issuing appropriate writ, order or direction quashing the reply dated 30.08.2016, Annexure P-12, and for issuance of writ of mandamus directing the respondents to issue No Due Certificate in favour of the petitioner for the crop year 2013-14 as accounts have already been settled by the petitioner with the respondents and due amount has already been paid to the respondents well within time along with interest in the interest of justice."

It is conceded position on record that as per the averments made in the written statement that the dispute regarding the same arbitration proceedings in respect of the adjudication of the dispute raised in the present writ petition, particularly, issuance of no due certificate is pending, in essence, according to the averments made in the written statement, PANKAJ KUMAR 2017.04.06 11:37 I attest to the accuracy and integrity of this document

CWP No.21726 of 2016 (O&M) -2certain amount is due and therefore, no due certificate cannot be issued. The petitioner is at liberty to take up all the pleas in the pending arbitration proceedings, if any. The writ petition stands disposed of with the above observations.

(AMIT RAWAL) JUDGE April 03, 2017 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2017.04.06 11:37 I attest to the accuracy and integrity of this document