Excelsior Correspondent
SRINAGAR, Mar 3: The High Court has directed the J&K Dairy Producers, Processors and Marketing Jammu to get their grievance with regard to procuring milk and milk products to the Army resolved with the arbitrator strictly in accordance with the mandate of Arbitration Clause within one month.
Through the medium of the instant petition, the petitioner-producers were praying that the army authorities be directed to provide the rate of revision to the petitioners from the year 2007 after every 6-months as per Government of India Policy till 3/2020 and from 01-04-2010 to give to them the rate revision after every 3-months as per the new Government of India Policy;
“….the instant petition is disposed of with liberty to the petitioner to seek reference of disputes, as raised herein this petition, to the Arbitrator, strictly in accordance with the mandate of ‘Arbitration Clause’ stipulated in the agreement governing the relationship of the parties. The time period, starting right from the date of filing of the Writ petition till one month from today, shall be excluded for purpose of limitation, if any”, Justice Ali Mohammad Magrey directed.
Justice Magrey after having heard both the parties said, it is settled legal position that in exercise of Writ jurisdiction, this Court cannot go into a fact-finding mission so as to ascertain the veracity of the rival claims.
“A Writ petition is also not the proper proceeding for enforcing contractual obligations; and, that if an alternative and equally efficacious remedy, in the shape of having recourse to Arbitration provided in the terms and conditions of the agreement governing the parties in the instant case, is available to a litigant, he is required to pursue that remedy and not invoke the jurisdiction of the High Court directly”, read the judgment.
Milk Suppliers society were also seeking direction that the respondents be directed to adhere to terms and conditions and policy of the Government of India in its letter and spirit for providing rate revision as per Government Policy Decision and also release back log rate revision from the year 2007 with interest at the rate of 18% to them.
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