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DEVASHIS BARUAH
Pyramid E And C Projects Pvt. Ltd. – Appellant
Versus
Assam Petro-Chemicals Ltd. – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. R.J. Das, the learned counsel appearing on behalf of the petitioner. Also heard Mr. K.N. Choudhury, the learned senior counsel assisted by Mr. N Deka, the learned counsel appearing on behalf of the respondent Nos.1 and 2. None has appeared on behalf of the respondent Nos.3 and 4.
2. The instant writ petition has been filed challenging the communication dt. 27/7/2020 issued by the Respondent Nos.1 and 2 to the petitioner; for a direction to the respondent Nos.1 and 2 to permit the petitioner to carry out the contract at the original cost and rates with a suitable eligible technological supplier to perform the required transfer of technology in establishing the Formaldehyde plant as per the original tender terms and conditions; for quashing and setting aside the notice of termination dtd. 20/8/2020 and all other consequential actions. Further to that, in the interim, it was prayed that a direction be issued to the respondent No.1 to refrain from forfeiting the Earnest Money Deposit covered by BG No. 48/1 dtd. 15/7/2019 amounting to Rs.44, 25, 000.00lakhs and not to issue any termination order to the petitioner with respect to the contract in ques
The main legal point established in the judgment is that the dispute fell within the ambit of the arbitration clause in the contract and that the public law remedy was not required as an effective pr....
Court exercising jurisdiction under Article 226 of the Constitution of India is also a Court of Equity It will have to be mindful of interests of justice and ensure that in rigidly applying technical....
The court reaffirmed that contractual disputes with an arbitration clause are not maintainable under Article 226 unless exceptional circumstances arise, emphasizing lawful forfeiture of security for ....
A writ petition can be dismissed for lack of maintainability if an arbitration clause exists; however, constitutional violations may warrant judicial review.
Point of Law : Parliament in exercise of powers as conferred therein enacted an Act by the name in the nomenclature of Arbitration and Conciliation Act, 1996 in order to consolidate and amend the law....
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