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P.S.DINESH KUMAR
Indo Unique Flame Ltd. – Appellant
Versus
Karnataka Power Corporation Ltd. – Respondent
JUDGMENT :
P.S. Dinesh Kumar, J. –
1. These two writ petitions are filed by M/s. Indo Unique Flame Ltd., against M/s. Karnataka Power Corporation Limited ('KPCL' for short).
2. The subject matter of these writ petitions are substantially common and therefore, by consent of learned Advocates on both sides, they are disposed of by this common order.
3. Heard Shri. S.S. Naganand, learned Senior Advocate for petitioner and Shri. Pramod Nair, learned Advocate for respondent.
4. Briefly stated the facts of the case set out in the writ petition are, petitioner is a Coal Washery Operator. Respondent is a Power Generating Company. It requires coal as a basic raw material. It enters into agreements with suppliers of coal and gets coal washed prior to delivery to remove mud, dust and other impurities.
5. Kpcl invited for tenders on 12.11.2014 for beneficiation (washing) of raw coal from Western Coal Fields Ltd., area for Raichur Thermal Power Station. Petitioner was awarded the Contract. Parties have entered into an agreement dated 14.10.2015. In terms of the agreement, two lakhs MT of raw coal was required to be washed per month. The term of contract was for a period of one year from the date of
The principle of constructive res judicata and the doctrine of election were applied by the court to dismiss the writ petitions.
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A writ petition can be dismissed for lack of maintainability if an arbitration clause exists; however, constitutional violations may warrant judicial review.
Normally, costs must go with succeeding party in case of a contractual dispute.
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