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HIGH COURT OF GUJARAT
UMESH A. TRIVEDI, J,CMR
PRABHU CONSTRUCTION – Appellant
Versus
SURAT MUNICIPAL CORPORATION – Respondent
ORDER :
(UMESH A. TRIVEDI, J.)
1. This petition is filed by the petitioner praying for following reliefs:
(A) Your Lordships be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to make the outstanding payment of Rs.1,32,14,004/- (Rupees One Crore Thirty Two Lakhs Fourteen Thousand Four Only) alongwith interest towards the work done by the petitioner.
(B) Pending admission, hearing and final disposal of this petition, your Lordships be pleased to direct the respondents to consider and decide the case of the petitioner regarding the outstanding payment of Rs.1,32,14,004/- (Rupees One Crore Thirty Two Lakhs Fourteen Thousand Four only) alongwith interest towards the work done by the petitioner.
(C) Ex-parte ad-interim relief in terms of prayer (B) be granted.
(D) Such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted.
2. Essentially the petition appears to be filed under Article 226 of the Constitution of India claiming the outstanding payment, as mentioned in the relief clause, from the respondent Corporation, th
A petitioner must exhaust contractual dispute resolution mechanisms before seeking intervention under Article 226 of the Constitution.
Writ jurisdiction is not suitable for resolving contractual disputes involving disputed facts; such matters should be adjudicated in civil courts or through arbitration.
Writ petitions against State entities for payment of due amounts are maintainable even with disputed facts; contract completion obligates the State to release funds promptly.
Disputed claims for contract payments cannot be resolved in writ jurisdiction and must be adjudicated in a Civil Court or through Arbitration.
Writ petitions against State for contractual obligations are maintainable even with disputed facts; non-payment of dues despite work completion warrants judicial intervention.
A writ petition can be maintained against the State for contractual obligations even in the presence of disputed facts, ensuring fair treatment under Article 14.
Writ petitions against the State for contractual obligations are maintainable even with disputed facts; courts can direct payment when liability is clear.
Writ petitions for recovery of amounts due under contract are not maintainable when claims are disputed; such matters should be resolved in Civil Court or through Arbitration.
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