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2005 Supreme(Gau) 846

B.SUDERSHAN REDDY, P.G.AGARWAL
State of Manipur – Appellant
Versus
Moirangthem Chaoba Singh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Ashok Potsangbam, Nepolean Singh and N. Ibotombi Singh, Advs.
For Respondents/Defendant: M. Devananda Singh, Advs.

JUDGMENT

B. Sudershan Reddy, C.J.

1. The core question that falls for our consideration is as to whether a writ petition under Article 226of the Constitution of India is maintainable to resolve the dispute arising out of concluded commercial contractual obligations between a citizen and the State or its instrumentalities even in cases where the contract itself provides for the forum to resolve the dispute.

2. Shorn of all the details, all the Respondent-writ Petitioners have entered into agreements for execution of different contract works for the Government of Manipur, it is not necessary to note the details as regards the nature of the contractual work undertaken by them with various departments of Government of Manipur. Suffices to note that the parties have voluntarily entered into the contracts and the terms and conditions have been reduced into writing by duly incorporating the same into agreements.

3. The Respondent-writ Petitioners claimed that they have completed and executed the works about which no disputes have been raised by the State and its departments. Their grievance is that even after completion and successful execution of the works the State and its departments faile


















































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