Sarda Dairy And Food Products LTD. vs. Odisha State Co Operative Milk Producers Federation LTD.
Facts
The petitioner, Sarada Dairy and Food Products Ltd., filed a writ petition before the Orissa High Court seeking a direction to the opposite parties, Odisha State Cooperative Milk Producers Federation Ltd. and another, to release the Earnest Money Deposit (EMD) and GST outstanding, as detailed in Annexure-5, along with 12% interest. The petitioner had previously made a representation to the opposite party no.1, as evidenced by Annexure-7 series. The petitioner requested that this representation be disposed of within a specified timeframe, considering Annexure-5 and the terms of the executed agreement.
Held
The Court, without expressing any opinion on the merits of the case, disposed of the writ petition. It directed the opposite party no.1 to consider the representation filed by the petitioner (Annexure-7 series). This consideration must take into account Annexure-5 and the terms of the agreement executed between the parties. The opposite party no.1 is required to pass a reasoned and speaking order on the representation as expeditiously as possible, preferably within three months from the date of receipt of a certified copy of the order. The Court did not decide the merits of the claim for EMD and GST outstanding or the interest thereon.
Key Issues
1. Whether the Court should direct the opposite parties to release the EMD and GST outstanding along with interest, considering the petitioner's representation and the executed agreement? Petitioner's Argument: The petitioner argued that the opposite parties should be directed to release the EMD and GST outstanding, along with 12% interest, as indicated in Annexure-5. They further contended that their representation (Annexure-7 series) should be considered and disposed of expeditiously, taking into account Annexure-5 and the terms of the agreement between the parties. Revenue/State's Argument: The judgment does not record any specific arguments made by the revenue or state (opposite parties).
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Cause title — parties, addresses and appearances
ORDER 22.02.2022 Order No.
This matter is taken up through hybrid mode.
Heard Mr. V. Chopda, learned counsel for the petitioner.
The petitioner has filed this writ petition seeking direction to the opposite parties to release the EMD and GST outstanding as indicated under Annexure-5 along with interest @ 12% within a stipulated time.
In course of hearing, learned counsel for the petitioner states that the petitioner has already made representation before the opposite party no.1 vide Annexure-7 series which is at page-47 of the brief, and the same may be directed to be disposed of within a stipulated time taking into consideration Annexure-5 and in terms of the agreement executed between the parties within a stipulated time.
Considering the limited nature of grievance made by the petitioner, without expres
The judgment continues below.
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