Court No. - 35 Case :- WRIT - C No. - 4809 of 2004 Petitioner :- Vardhman Industrial And Trading Corpn. Thru'R.C.Jain &Ors. Respondent :- Union Of India & Others Petitioner Counsel :- Arvind Srivastava Respondent Counsel :- Tarun Varma,S.C. Hon'ble Devendra Pratap Singh,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Heard Sri Rudra Pratap Singh holding brief of Sri Arvind
Srivastava, learned counsel for the petitioner and learned counsel
for the contesting respondents.
It appears that petitioner had taken an auction sale of scrab
material grade CI II but at the time of delivery, it was found that
the said material was not available and thus by the impugned
orders he was asked to take the refund of the amount deposited by
him.
It is not denied that the entire amounts have already been refunded
to the petitioner through Cheque No. E 381180 dated 16.2.2003 in
accordance with sale conditions. It is also not denied that there is
arbitration clause in the general condition of sale and the petitioner
has bypassed it. The question whether material was taken or not is
factual in nature and cannot be decided in these proceedings.
In view of the aforesaid facts, We are not inclined to exercise our
power under Article 226 of the Constitution of India.
Accordingly, the present writ petition is dismissed. Interim order is
vacated.
Order Date :- 28.1.2010
AKT