Back
DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
K. K. Vidyut – Appellant
Versus
Union of India (through the Secretary of Railways) – Respondent
JUDGMENT :
(Amit Borkar, J.)
1. The petitioner, invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, challenges the notice of termination dated 30 October 2024, issued by the respondents. The termination pertains to the contract awarded to the petitioner in furtherance of a tender process concerning the provision of Goods Shed facilities, construction of buildings, and the development of critical railway infrastructure.
2. The relevant facts and circumstances leading to the filing of this writ petition are summarized below to provide context to the dispute.
3. The petitioner, being one of the bidders, was awarded the co
The submission of forged bank guarantees constitutes a serious breach of contract, justifying termination under the General Conditions of Contract, as fraud vitiates all transactions.
Termination of contracts must adhere to established contractual obligations and procedural requirements; failure to comply with these undermines claims of unreasonableness or arbitrariness in actions....
The court upheld the termination of the contract and forfeiture of deposits due to submission of false credentials, but deemed the five-year debarment as excessive and quashed it.
Judicial review is permissible in contractual disputes involving public law elements, but the existence of an arbitration clause limits the scope of such review.
Point of Law :Railways has rightly exercised its power under the terms of the contract, in terms of the tender clauses as well as in terms of the letter of acceptance which is treated as legal and en....
The submission of a bogus Bank Guarantee by a bidder justifies a two-year ban under tender conditions, as the term 'certificate' includes documents.
The court established that termination of a contract must comply with natural justice principles, requiring adequate reasoning and opportunity for the affected party to respond.
The invocation of Bank Guarantees must be aligned with contractual terms; unauthorized invocation is deemed arbitrary.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
