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HIGH COURT OF JUDICATURE FOR RAJASTHAN
SAMEER JAIN
M/S. DINESH IRRIGATION PVT. LTD. – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW/1832/2020
Disputes under a contract should be adjudicated expeditiously and in accordance with the law and principles of natural justice.
Headnote:
Fact of the Case:
The petitioner, M/s. Dinesh Irrigation Pvt. Ltd., filed a writ petition against the State of Rajasthan and other respondents, challenging the delay in adjudication of a dispute under Clause-23 of the contract between the petitioner and the respondent-Department.
Finding of the Court:
The court directed the Standing Committee to decide the matter expeditiously, preferably within 90 days, taking into account the merits of the case and in accordance with the law and principles of natural justice.
Issues: Delay in adjudication of a dispute under a contract.
Ratio Decidendi: The court held that the Standing Committee should decide the matter expeditiously, considering the merits of the case and in accordance with the law and principles of natural justice.
Final Decision: The writ petition was disposed of, and pending applications, if any, were also disposed of.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1832/2020
M/s. Dinesh Irrigation Pvt. Ltd., Having Its Registered Office At
86-B And 86B-Ii, Jhotwara Industrial Area, Jhotwara, Jaipur,
Through Its Authorized Signatory Shri Shamsher Singh S/o Shri
Dariyav Singh, Aged About 57 Years, R/o 69A, Park Villa,
Choradiya City, Ajmer Road, Jaipur.
----Petitioner
Versus
1.
State Of Rajasthan, Through The Principal Secretary,
Water Resources Department, Government Secretariat,
Jaipur.
2.
The Principal Secretary, Department Of Finance,
Government Secretariat, Jaipur.
3.
The Chief Engineer, Water Resources Department, Indira
Gandhi Nahar Bhawan, Bhawani Singh Marg, Jaipur.
4.
The Chief Engineer, Narmada Canal Project, Sanchore,
Rajasthan
5.
The Superintendent Engineer, Narmada Canal Project
Circle-1, Sanchore, Rajasthan.
6.
The Executive Engineer, Narmada Canal Project Division-
1, Sanchore, Rajasthan.
----Respondents
For Petitioner(s)
:
Mr. Dinesh Bishnoi
For Respondent(s)
:
Ms. Sheetal Mirdha, AAG
HON'BLE MR. JUSTICE SAMEER JAIN
Order
10/01/2023
1.
Learned counsel for the parties have consented to the
fact that the dispute can be addressed by the Standing Committee
as per Clause-23 of the contract as executed between the
petitioner Company and the respondent-Department.
(2 of 2)
[CW-1832/2020]
2.
Learned counsel for the petitioner further submits that
the matter is under reference but has not been adjudicated upon
yet. In this regard, he has prayed that the matter be disposed of
expeditiously within a period of 30 days.
3.
Learned counsel for the respondent-State, Ms. Sheetal
Mirdha, learned AAG has strongly opposed that the matter can not
be adjudicated within a period of 30 days.
4.
Considering the submissions made herein-above, it is
observed that a short controversy is involved in the matter.
Therefore, this court directs the Standing Committee to decide the
matter as expeditiously as possible, preferably within a period of
90 days, taking into account the merits of the case and in
accordance with the law as well as the principles of natural justice.
5.
In light of the above, the writ petition is disposed of.
Pending applications, if any, stand disposed of.
(SAMEER JAIN),J
JKP/131
