2. The clause for the Bulbul
Answers
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Answer:
Bulbul Enterprise vs The Food Corporation Of India And ... on 16 March, 2000
Equivalent citations: AIR 2000 Gau 164
Author: D Biswas
Bench: D Biswas
ORDER D. Biswas, J.
1. The petitioner has preferred this writ petition for issue of an appropriate writ calling upon the respondents not to deduct any amount from the BILL on account of demurrage charges without compliance of the relevant provisions of the agreement.
2. This Court vide order dated 4-2-2000 passed in Civ. Misc. Appl. No. 19 of 2000 directed the respondents as an interim measure not to deduct the amount of Rs. 7,74,216/-from the petitioner's BILL until further orders. Thereafter, on 18-2-2000, an order was passed by this Court directing the respondents not to deduct the demurrage charges from the petitioner's Bills. This Misc. case along with Civ. Misc. Appl. 59 of 2000 filed for interim direction are also being deposed (disposed) of along with the main petition.
3. Sri K.N. Bhattacharjee, learned senior Counsel for the petitioner has submitted that the petitioner entered into a contract with the respondent No. 1, namely Food Corporation of India for transportation of food grains from Churaibari and Dharmanagar to Agartala for a period of one year and that the contract provides for deduction of demurrage charges from the bill of the contractor if such demurrage is occasioned by the negligence of the contractor, and the decision in this regard that may be taken by the senior Regional Manager, shall be the final. Sri Bhattacharjee has continued that in violation of the terms the Corporation have been indulging in deduction of demurrage charges on the recommendation of the officers other than the senior Regional Manager. According to him, such deduction is not permissible under the terms of the contract unless the senior Regional Manager gives his decision as the negligence of the contractor. Clause-XII (a) providing for such term for deduction reads as follows :--