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Judgment
H. S. Thangkhiew, J
The writ petitioner is before this Court against the issuance of fresh NIT dated 15.09.2021, which had been floated by the respondents (Food Corporation of India) without terminating the subsisting contract with the petitioner which also entailed the imposition of penalty, upon the petitioner.
Mr. S.D. Upadhaya, learned counsel for the petitioner at the outset submits that out of the three prayers as made out in the writ petition, two prayers have since been rendered redundant, as the impugned NIT dated 15.09.2021 has since been acted upon and subsequently, the other prayer to allow the petitioner to work on the on the subsisting contract is also no longer relevant. The only issue that remains is with regard the letter dated 06.09.2021, which he submits threatens the imposition of additional charges, expenses, cost or losses upon the petitioner on the invocation of Clause XI (c) of the Tender Agreement. He further submits that in this regard he may be permitted to take recourse to Clause XVIII (b) of the Tender Agreement for Dispute Resolution, to resolve the issue.
Mr. B.K. Singh, learned counsel for the respondents has no objection to the submissions made by the learned counsel for the petitioner and submits that in the event the writ petitioner approaches the respondents for resolution of the dispute, this matter will be taken up taking into account all the relevant facts and circumstances.
Having heard the learned counsel for the parties, this writ petition is therefore disposed of, by allowing the writ petitioner’s prayer to approach the respondent authorities under Clause XVIII (b) of the Tender Agreement dated 22.07.2019, for resolution of the dispute.
It is expected that the matter shall be dealt with expeditiously by the respondents and the same be disposed of preferably within a period of 3(three) months from the date of presentation of the certified copy of this order along with the application for settlement.