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BIREN VAISHNAV
PCBL Ltd. Formerly Phillips Carbon Black Limited – Appellant
Versus
Gujarat Water Infrastructure Ltd. – Respondent
ORDER :
1. The petitioner No.1 being a Public Limited Company has filed this petition with the following prayers:
(b) The Hon’ble Court may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned letter dated 24.1.2023 at Annexure P/1, whereby, GWIL has communicated to disconnect the bulk water supply to the Mundra Unit of petitioner No.1 herein, which was being supplied hitherto since the year 2008-2009.”
2. The facts in brief are as under:
As the contract between the petitioner and the respondent Corporation, an instrumentality of the State, is under the realm of a private law and there is no element of public law, the only course for ....
The court reinforced that the existence of an arbitration clause limits the scope for judicial intervention in contractual disputes involving the state.
The court held that unilateral actions by a public authority that violate contractual obligations are arbitrary and subject to judicial review, allowing for refunds of deposits and payments.
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....
A writ petition can be dismissed for lack of maintainability if an arbitration clause exists; however, constitutional violations may warrant judicial review.
The court emphasized the importance of honoring contractual agreements and the need for parties to adhere to the terms of the contract. It also highlighted the significance of approaching the compete....
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