JAINA MARKETING AND ASSOCIATES v. STATE OF CHHATTISGARH
WPC/104/2025 · 2025-01-09
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45520 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45520 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1384
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 104 of 2025 1 - Jaina Marketing And Associates A Partnership Firm Registered Under The Indian Partnership Act, 1932, Having Its Registered Address At B-170, Okhla Industrial Area, Phase 1, New Delhi, Through Its Manager Dinesh Agrawal S/o Lt. Shyam Sunder Agrawal, A/o 50 Years, Occupation Manager Of Petitioner Firm, R/o Flat No. A/201, Golcha Apartment, Bottle House, Mira Datar Road, Shankar Nagar, Raipur, District- Raipur (C.G.)
... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Women And Child Development, Government Of Chhattisgarh Mantralaya, Mahanadi Bhavan,
Nawa
Raipur,
District-
Raipur
(C.G.) 2 - Director Directorate Of Women And Child Development Chhattisgarh, Indravati Bhavan, Nawa Raipur, District- Raipur (C.G.)
... Respondent(s) For Petitioner : Mr. Rohit Sharma, Advocate. For Respondents/State : Mr. R.K. Gupta, Addl.A.G.
Hon'ble Justice Shri
Bibhu Datta Guru
Order on Board 09/01/2025 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.10 17:52:22 +0530
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1. By the present writ petition, the petitioner is seeking a direction towards the respondent authority to constitute a committee for amicable settlement of the dispute as per the terms & conditions of the Contract Clause-16, which provides a procedure for dispute resolution between buyers and sellers.
2. Learned counsel for the petitioner submits that the dispute was raised by the respondent themselves and for which, the petitioner earlier moved an arbitration request No.43/2023, which has been dismissed vide order dated 23/09/2024 with the observation that though there appears to be an arbitration Clause between the parties which is Clause 16 of the general terms & conditions on GeM 3.0, however, before going to arbitration, it provides for amicable settlement by a Dispute Co-ordination Committee. But still the Committee has not been constituted for amicable settlement as per the Clause 16 of the general terms & conditions.
3. Learned counsel for the respondent/State submits that if a Dispute Co-ordination Committee is not constituted till date, then necessary steps will be taken for constitution of the said Committee within a period of four weeks from today.
4. I have heard learned counsel for both the parties.
5. In view of the submission made by the learned counsel for the State, the writ petition is disposed of with a direction to the respondents to constitute a Dispute Co-ordination Committee for amicable settlement between the parties, within a period of four
3 weeks from today.
6. With the aforesaid observation and directions, the writ petition is
disposed of. SD/-
(Bibhu Datta Guru)
Judge
Amardeep