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2000 Supreme(Gau) 120

D.BISWAS
Bulbul Enterprise – Appellant
Versus
Food Corporation of India, and others – Respondent


K. N. Bhattacharjee, Sr. Advocate and R. Debnath, For Petitioner; S. Deb, Sr. Advocate S. Lodh, For Respondents.

Judgement

The petitioner has preferred this writ petition for issue of an appropriate writ calling upon the respondents not to deduct any amount from the BILL on account of demurrage charges without compliance of the relevant provisions of the agreement.

2. This Court vide order dated 4-2-2000 passed in Civ. Misc. Appl. No. 19 of 2000 directed the respondents as an interim measure not to deduct the amount of Rs. 7,74,216/- from the petitioners BILL until further orders. Thereafter, on 18-2-2000, an order was passed by this Court directing the respondents not to deduct the demurrage charges from the petitioners Bills. This Misc. case along with Civ. Misc. Appl. 59 of 2000 filed for interim direction are also being deposed (disposed) of along with the main petition.

3. Sri K.N. Bhattacharjee, learned senior Counsel for the petitioner has submitted that the petitioner entered into a contract with the respondent No.1, namely Food Corporation of India for transporation of food grains from Churaibari and Lharmanagar to Agartala for a period of one year and that the contract provi



















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