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IN THE HIGH COURT AT CALCUTTA
ANIRUDDHA ROY
Harsh Transport Private Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ANIRUDDHA ROY, J.
Upon urgency being pleaded on mentioning and since the regular determination has been assigned to this Court, this writ petition has been taken up for consideration by publishing in the daily cause list.
2. Affidavit-of-service, filed in Court today, is taken on record.
3. Mr. Arabinda Chatterjee, learned Senior Advocate appears for the petitioner.
4. Mr. Sanajit Kr. Ghosh, learned Advocate appears for the respondents/Railway.
5. The petitioner is engaged in transportation business. Pursuant to an e-Auction held by the South Eastern Railway (for short the Railway) for leasing of 23 tonnes parcel vans in VPH-1 on round trip basis by Train No.18030-18029, Howrah – Mumbai Express for a period of two years, the petitioner participated and selected as the successful tenderer.
6. An e-Auction agreement was formally executed by and between the petitioner and the Railway on July 31, 2024, Annexure - P1, at page 31 to the writ petition. The petitioner has deposited the earnest money in terms of the contract. The petitioner has been operating the said VPH. On July 15, 2025, Annexure – P2, at page 34 to the writ petition, a termination notice of thirty days has been serv
Contractual termination notice must be issued by the authorized Railway Administration, adhering to principles of natural justice.
Disputes arising from contract termination must be resolved through arbitration, not writ jurisdiction, especially when complicated questions of fact are present.
The court established that termination of a lease contract without proper notice violates principles of natural justice and contractual obligations.
Writ under Article 226 not maintainable for contractual termination disputes involving factual questions when arbitration clause exists, natural justice not violated, and no public law issue raised.
The court established that a party can terminate a contract without notice if the other party fails to comply with payment obligations over consecutive periods as stipulated in the agreement.
Termination of a license without a show cause notice or consideration of refundable fees violates natural justice and judicial directives.
A terminated contract cannot be revived by administrative order, and the principles of transparency and fairness must be upheld in public procurement processes.
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