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Judgment
By way of this petition, the petitioner has prayed for following reliefs:-
“10.1That the Hon'ble Court may kindly be pleased to Restrain Respondent No. 06 from encashing the bank guarantee furnished by the petitioner in pursuance of the milling agreement and quash the impugned letter No 2222/2026 dated 23.09.2026 (Annexure P-1), in the interest of justice.
10.2That the Hon'ble Court may kindly be pleased to direct the District Marketing Officer Mahasamund to immediately accept the pending delivery of rice from the petitioner.
10.3To kindly make any other order or writ that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.
10.4That, Cost of the petition may also be awarded to the petitioner.”
Learned counsel for the petitioner submits that, in terms of Clause 14.1 of the agreement, any dispute arising between the parties is required to be adjudicated by the concerned Collector, and therefore the petitioner may be permitted to approach the competent authority for resolution of the dispute in the manner contemplated under the said clause; it is further submitted that, in the meantime, as the respondent authorities are proceeding to invoke and encash the bank guarantee furnished by the petitioner, appropriate interim protection may be granted by restraining the respondents from encashing the bank guarantee until a decision is taken by the concerned Collector in accordance with law.
Learned counsel for the respondents submits that they have no objection to the limited prayer made by learned counsel for the petitioner, insofar as it pertains to seeking redressal of the petitioner’s grievance before the concerned Collector in accordance with law.
I have heard learned counsel for the parties and perused the material available on record.
Considering the facts and circumstances of the case, and further taking into account that Clause 14.1 of the agreement specifically provides that any dispute arising between the parties shall be resolved by the concerned Collector, it is directed that the petitioner shall approach the said authority within a period of 10 days from the date of receipt of a copy of this order; upon such approach, the concerned Collector shall consider and decide the petitioner’s grievance in accordance with law within a period of 30 days thereafter; and, till such decision is rendered, no coercive steps shall be taken by the respondent authorities with regard to encashment of the bank guarantee.
It is further observed that, against any order that may be passed by the Collector, there exists an arbitration clause, namely Clause 15.1 of the agreement; accordingly, in the event of any grievance or exigency arising from such order, the petitioner shall be at liberty to avail the remedy of arbitration in terms of the said clause, in accordance with law.
With this observation and direction, the writ petition is disposed of.