MOHAMMAD DAUD KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 1/2/2021, passed by the learned Single Judge in Writ Petition No. 8057 of 2020, whereby, petition preferred by appellant-petitioner, has been disposed off.

(2.) The case of the appellant-petitioner is that he is engaged in the business of Fisheries with the respondent-Department. He entered into a contract on 17/7/2019 for a period expiring on 31/12/2024 with respect to Halali Dam situated at District Raisen. The appellant- petitioner was required to pay regular installments to the respondent as per the terms of the contract. There was certain correspondence between the appellant-petitioner and the respondent with respect to extension of time and relaxation in depositing the installments. However, vide order dtd. 3/6/2020, the appellant-petitioner was directed to deposit 4th installment of Rs.30.7464 Lacs which was due on 15/2/2020. It was stated that the appellant was in arrears of the amount of 3rd installment which was Rs.15.34 Lacs and, therefore, the same was also required to be deposited. The appellant-petitioner challenged the notice of demand dtd. 3/6/2020 before the learned Single Judge with a further prayer to direct the respondents to exempt him from paying certain amount looking to the critical circumstances and heavy loss in the business. The learned Single Judge vide order dtd. 1/7/2020 directed the respondent not to take any coercive action against the appellant till next date of hearing. The said interim order continued vide order dtd. 8/7/2020 and, thereafter, by subsequent orders till the disposal of writ petition. The learned Single Judge vide order dtd. 1/2/2021 found that since the respondents have disputed various calculations suggested by the appellant, therefore, in view of the disputed facts being involved in the matter, it would be appropriate to avail the arbitration clause as contained in the agreement of contract. Accordingly, the directions were given firstly to approach the Managing Director of the respondent-department to satisfy him with the calculations suggested by the appellant and if the grievance of the appellant is not redressed, liberty was given to take recourse to arbitration clause.

(3.) Vide order dtd. 25/1/2022, this court issued notices to the respondents and directed the parties to maintain status quo till next date of hearing. Thereafter, respondent No.3 and 4 have filed an application for vacation of interim order dtd. 25/1/2022. The petitioner was granted time to file the reply to the said application. The appellant filed various documents alongwith an application for taking the documents on record.