PATNA, India, Aug. 21 -- Patna High Court issued the following judgment on July 22:

1. The Writ petition is filed for the following reliefs:-

i. For a direction to the respondent authorities to release and disburse the security amount, withheld for the Kharif Marketing Season 2008-09, 2009-10 and 2010-11, despite successful completion of the handling and transportation by the petitioner. ii. For a direction to the respondent authorities to pay interest over the security deposit since the same was withheld without authority of law and for grant of any other relief/reliefs to which the petitioner may be found deemed entitled in the facts and circumstances of this case.

2. During the course of arguments, it is brought to the notice of this Court, by the Learned counsel for the petitioner when a dispute arose between the parties, the petitioner approached the sole arbitrator, who passed an Award (Annexure-5). Pursuant to the Award dated 02.10.2016, the handling and transportation charges were not paid to the petitioner, for which the petitioner was constrained to issue a legal notice to the Managing Director, BSFC dated 15.07.2017.

3. It is contended by the Learned counsel for the respondents that the petitioner may file a fresh representation before the Managing DirectorBSFC, Patna and the Court may also give necessary directions to the said authority to pass appropriate order.

4. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents, perused the record.

5. On perusal of the record, it is evident that an award was passed in favour of the petitioner and he was constrained to file the present Writ petition in order to seek execution of the said award. The legal notice (Annexure-7) clearly disclose that the petitioner had called upon the respondent Managing Director to pay an amount Rs. 9 lakhs along with interest @ of 12 per annum within a fortnight of the said notice, otherwise the petitioner would take legal action before the competent authority.

6. Without going into the merits or demerits of the case, the petitioner directed to file a fresh representation before the competent authority within one month from the date of receipt of this order, along with the order copy. In turn, the Managing Director-BSFC shall pass appropriate order within three months, considering the award which is in favour of the petitioner, from filing of the representation.

7. With the aforesaid observations, the Writ petition stands disposed of.

Disclaimer: Curated by HT Syndication.