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DHIRAJ SINGH THAKUR, R. RAGHUNANDAN RAO
Srinivasulu Reddy And Co – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Dhiraj Singh Thakur, C.J. - The present appeal under Clause 15 of the Letters Patent has been preferred against the judgment and order dated 01.03.2023 passed in W.P.No.41906 of 2018 whereby the petition filed by the petitioner has been dismissed.
2. It is pertinent to mention briefly the material facts in the light of which the present controversy has arisen:
The petitioner was allotted the contract for construction of a court complex at Kurnool on 05.05.2012 and an agreement came to be executed between the petitioner and the Superintending Engineer, R & B Circle, Kurnool, on 23.11.2012. According to Clause 46 of the contract so entered between the parties, price adjustment was envisaged for both increase and decrease in the prices for the works completed within the original agreement period. Clause 46.2 & 46.4 are relevant and are reproduced hereunder:
'46.2 - Price adjustment shall be both for increase and decrease in the prices for the works completed within the original agreement period.
46.4 - The variation clause will be when the variation in rates is more or less than 5% of the rate provided in the technical sanctioned estimate based on which bids are invited or all Ind
Point of law: Stated simply, 'unjust enrichment' means retention of a benefit by a person that is unjust or inequitable. 'Unjust enrichment' occurs when a person retains money or benefits which in ju....
The court reinforced that the existence of an arbitration clause limits the scope for judicial intervention in contractual disputes involving the state.
The court affirmed that contractual obligations must be honored when supported by competent authority approvals and committee recommendations, reinforcing the binding nature of such decisions.
Court exercising jurisdiction under Article 226 of the Constitution of India is also a Court of Equity It will have to be mindful of interests of justice and ensure that in rigidly applying technical....
A writ petition is not the appropriate remedy for disputes relating to contractual obligations. Such disputes should be resolved through civil suits.
Reimbursement of amount - Entitlement of - Grant of relief of this nature would virtually amount to a money decree. Petitioner is at liberty to take recourse to remedies available by raising such a c....
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