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MANISH CHOUDHURY
Monowar Hussain, S/o. Bonijuddin – Appellant
Versus
Union of India, represented by the Secretary, Ministry of Railways – Respondent
JUDGMENT :
1. The instant writ petition has been instituted by the petitioner seeking inter alia a direction to the respondent authorities to pay him an amount of Rs. 7,61,858/-contending that the said amount has remained outstanding towards a contract-work executed by the petitioner for the respondent N.F. Railway authorities. According to the petitioner, the amount of Rs. 7,61,858/-consists of two bill amounts amounting to Rs. 3,51,858/- and Rs. 4,10,000/- respectively.
2. The facts which are not in dispute can be stated at first. The respondent N.F. Railway authorities published a Tender Notice vide E-Tender no. RN-ST-10,2017-18 for a contract work :-‘Painting of Signaling and Telecom gears in CGS-RNY-NBQ & AZA-GLPT-MZQ Section of BG-I & BG-II section of RNY Division’ [‘the Contract-Work’, for short]. On such publication, the petitioner took part in the tender process initiated by the said Tender Notice by submitting his tender. After evaluation of the tenders of the participant bidders, the petitioner was issued a Letter of Acceptance [LoA] dated 12.12.2017 as he emerged as the successful bidder, whereby, the petitioner was awarded the Contract-Work at a contract price of Rs. 5
It is settled that interpretation and implementation of clauses in a contract cannot ordinarily be subject-matter of a writ petition.
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.
A contractor must fulfill tender conditions to enter into a valid binding contract and cannot claim undue benefit in the absence of a work order or contract agreement.
Contractual agreement - Whether existence of arbitral agreement between parties that High Court of Delhi alone will have jurisdiction to try dispute arising out of contract is enforceable in law - Un....
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