MADHYA PRADESH HIGH COURT
, J
Shri Tiwari Transport (M/s.) v. Madhya Pradesh State Co-operative Marketing Federation Limited and Others
Writ Petition No. 17209/2021
| Table of Content |
|---|
| 1. establishment of jurisdiction based on contract location. (Para 2 , 3) |
| 2. arguments presented regarding maintainability in context of jurisdiction. (Para 4 , 5) |
| 3. court's determination on appropriate jurisdiction and forum. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. final ruling on dismissal of the petition. (Para 13) |
1. Since, this matter is listed for hearing on the question of territorial jurisdiction, therefore, the arguments of learned counsel for the parties have been heard on the said point.
2. By means of this petition filed under Art.226 of the Constitution of India , the petitioner calls in question the validity of order dated 05.08.2021 (Annexure - P / 14) in terms of which his firm has been blacklisted for a period of ten years and he has also been restricted to participate in any of the tenders of the respondents / Federation.
3. To resolve the controversy involved in this case certain important facts are taken into consideration which in nutshell are that the petitioner's firm was given a contract for transporting the fertilizers, but the said contract was not performed by the petitioner's firm and despite collecting the fertilizers from the railway rack - point, the same were not delivered by the petitioner's firm at the destination in Mandsour and Neemuch districts.
3.1 The respondents / Federation is known as M. P. Markfed which is a registered body under the Madhya Pradesh Co - operative Societies Act, 1960. The said Federation is involved in the business of promoting the cooperative marketing and agriculture produce to benefit the farmers and, therefore, under the said exercise, it produces, sales and distributes the agriculture produce; related commodities like fertilizers, seeds, pesticides, agriculture machineries and procurement of food - grains under minimum price support schemes from primary agriculture credit cooperative societies, marketing cooperative societies and farmers in the remote areas. The said Federation has a vast marketing network compromising of seven 7 zonal offices, 41 district offices and 426 distribution centers at 244 different locations.
3.2 The petitioner's firm as per the contract executed, has been transporting the food - grains for the last 15 years to the destinations and payment in lieu thereof has been made to the petitioner as per the contractual rate. As per the petitioner, a contract was also given to his firm for the years 2019-20 and 2020-21 in respect of distribution of food - grains in the districts of Mandsour and Neemuch. Not only this, but earlier also the petitioner's firm was involved in transporting the fertilizers by bringing the same from M. P. Warehousing Logistic Corporation, Pipliamandi to the different societies and in the said work, the petitioner had taken the help of his father namely Thakur Prasad Tiwari and misappropriated the fertilizers and this fact was admitted by him in an affidavit submitted on 07.12.2020 and as such, an FIR got registered against him in Police Station Pipaliamandi.
3.3 The office of the petitioner's firm situates at Mandsour and all the works relate to the of the petitioner for transporting the food - grains are out of the territorial jurisdiction of Jabalpur whereas it admittedly falls within the territorial jurisdiction of Indore Bench. The dispute arose when a letter dated 23.01.2021 (Annexure - P / 9) was forwarded by the District Marketing Officer, Mandsour to the Managing Director, M. P. State Cooperative Marketing Federation, Bhopal saying that an amount of Rs.3,32,52,285.17 has already been adjusted from the account of the petitioner and still an amount of Rs. 1,31,27,157.88 has to be recovered from the petitioner's firm. It has also been informed that the petitioner's firm has performed the contract of transporting the foodgrains in the areas of Agar Malva and Ujjain and the amount to be paid to the petitioner's firm is yet to be determined. Thereafter, an order of blacklisting dated 05.08.2021 (Annexure - P
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