Sole Proprietor vs Command on 24 July, 2026

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    Jammu & Kashmir High Court

    Sole Proprietor vs Command on 24 July, 2026

                                                                Sr. No. 1692026:JKLHC-JMU:2261
          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU
    
    WP(C) No. 2276/2026
                                          Date of pronouncement:24.07.2026
                                                    Uploaded on: 27.07.2026
    
    1.   M/s Chandigarh Poultry Centre,
         Plot No. 72A, Industrial Area
         Phase-I, Panchkula through its
         Sole Proprietor Mr. Mulkh Raj
    2.   Mulkh Raj, Aged 84 years,
         S/o Lt Sh. Manak Chand,
         R/o Plot No. 72A, Industrial Area
         Phase-I, Panchkula,
         Sole Proprietor
                                               .... Petitioner(s)/Appellant(s)
         M/s Chandigarh Poultry Centre
    
                         Through:- Mr. D C Raina, Sr. Advocate with
                                   Mr. Anil Kumar Verma, Advocate
    
                         V/s
    
    
    1.   Union of India, through Secretary,
         Ministry of Defence,
         Government of India,
         South Block, New Delhi - 110001.
    2.   Director General of Supplies and
         Transport
         QuartermasterGeneral's
         BranchIntegrated Headquarters of
         MoD (Army)
         DHQ PO, New Delhi- 110105
    3.   GOC-IN-C, Headquarters,
         Northern Command,
         Udhampur
    4.   MG ASC, HQ Northern
         Command, Udhampur
                                                          .....Respondent(s)
    5.   Commandant SD ASC Leh
    6.   5118 COY ASC Comp
         C/o 56 APO
    
                         Through:- Mr. Vishal Sharma, DSGI with
                                   Mr. Karan Sharma, CGSC
    
    
    
    
                                                                Page 1 of 4
     CORAM:        HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
                                                                                    2026:JKLHC-JMU:2261
                                ORDER
    

    01. Learned counsel appearing for the petitioners submits that the

    petitioners were awarded a contract by the respondents for the supply

    SPONSORED

    of Meat Dressed Frozen (MDF) and Chicken (Broiler) Dressed

    Frozen (BDF) at Field Supply Depot ASC Leh (Cluster) for the

    period from 16.05.2026 to 15.11.2026, pursuant to the e-NIT dated

    22.12.2025.

    02. It is submitted that the petitioners have duly and satisfactorily

    discharged their contractual obligations. However, by virtue of the

    impugned recovery notices dated 02.07.2026 and07.07.2026, the

    respondents have sought to recover amounts of ₹4,08,533/-

    and₹1,68,300/-, respectively, from the petitioners.

    03. Aggrieved by the aforesaid recovery notices, the petitioners

    immediately invoked Clause 10 of the Contract Agreement by

    preferring an appeal before the competent authority on 09.07.2026,

    seeking appropriate redressal and clarification.

    04. Learned counsel submits that although the impugned recoveries are

    appealable under Clause 10 of the Contract Agreement, the

    respondents, despite repeated requests made by the petitioners, have

    failed to disclose the particulars of the competent appellate authority.

    Instead, the respondents are proceeding to effect the recoveries,

    which, if permitted, would render the statutory contractual remedy of

    appeal illusory and infructuous.

    05. Per contra, learned DSGI submitted that the petitioners cannot

    question the recoveries merely because they have raised a contractual

    dispute. According to him, the settled position of law permits

    WP (C) No.2276/2026 Page 2 of 4
    contractual recoveries or adjustments notwithstanding the pendency
    2026:JKLHC-JMU:2261

    of a dispute between the contracting parties. It is further contended

    that the writ petition is misconceived, as the petitioners have an

    efficacious alternative remedy of appeal. However, learned DSGI

    fairly conceded that the present petition may be disposed of by

    directing the competent authority to consider and decide the

    petitioners’ appeal expeditiously.

    06. Having heard learned counsel for the parties and considered the

    material on record, this Court finds that there is no dispute that the

    impugned recovery notices are appealable before the competent

    authority. The petitioners claim to have already approached the

    respondents requesting them to intimate the name, designation, office

    address, e-mail ID, mobile number, and other particulars of the

    Immediate Superior Commander, who is the designated appellate

    authority, so as to enable them to effectively pursue the appeal. Once

    such a request has been made, the respondents are under an

    obligation to facilitate the exercise of the petitioners’ appellate

    remedy. They cannot frustrate the petitioners’ right to a meaningful

    appeal by withholding the particulars of the appellate authority.

    Consequently, until the appeal is duly considered and decided, the

    respondents ought not to insist upon effecting the recoveries on the

    premise that the petitioners failed to meet the demand quota,

    compelling the respondents to resort to local purchases at the

    petitioners’ risk and cost.

    07. Since the petitioners have already invoked the contractual appellate

    mechanism, this Court is of the considered opinion that its

    WP (C) No.2276/2026 Page 3 of 4
    interference under Article 226 of the Constitution is not warranted at
    2026:JKLHC-JMU:2261

    this stage. The rights and liabilities of the parties shall ultimately be

    governed by the decision rendered by the appellate authority, against

    which the petitioners shall be at liberty to avail such remedies as may

    be permissible in law. The writ petition is, therefore, premature.

    Learned counsel for the petitioners submits that an appropriate

    direction to the respondents to facilitate and expedite the appellate

    process would sufficiently protect the petitioners’ interests.

    08. In view of the foregoing, the writ petition is disposed of with a

    direction to respondent No. 2 to communicate to the petitioners,

    within one week, the name, designation, office address, e-mail ID

    and other relevant particulars of the Immediate Superior

    Commander, who is the competent appellate authority under the

    Contract Agreement, thereby enabling the petitioners to effectively

    pursue their appeal in accordance with law. The appellate authority

    shall ensure that their appeal is dealt with expeditiously.

    (Sanjay Parihar)
    Judge
    JAMMU
    24.07.2026
    Manik

    Whether the order is speaking: Yes
    Whether the order is reportable: No

    WP (C) No.2276/2026 Page 4 of 4



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