AVINASH G.GHAROTE
Prakash Askram Jain – Appellant
Versus
State of Maharashtra, Food and Urban Supply Department – Respondent
JUDGMENT :
1. Heard Mr. Thigle, learned counsel for the applicant and Mr. Munde, learned AGP for the non-applicants.
2. It is not in dispute, that an agreement for transport of food grains and other commodities come to be executed, between the applicant, and the Governor of Maharashtra, in pursuance to tenders, invited by the Collector, Nandurbar on 30/03/2001, which agreement, was for a period of 01/04/2001 to 31/05/2006, at the remuneration, as contained in term no.3 of the agreement. Mr. Thigale, learned counsel for the applicant, submits, that the contract was extended by two years and was continued till 31/05/2008. The applicant claimed entitlement to rates over and above 5% per year, which was claimed to have been agreed in term no.3 and raised a claim, that he should be paid the difference in rate between what was agreed in agreement and the rates paid for transportation in the other districts due to general increase. As this request was turned down by the District Supply Officer, Nandurbar by his communication dated 13/07/2009, the applicant invoked the arbitration clause 27, as contained in the agreement dated 30/03/2001. The Commissioner, nominated the Additional Collector,
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