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NELSON SAILO
JKM Infra Project Ltd. , r/b Sh. Abhisek Kumar Jha – Appellant
Versus
State of Mizoram, r/b The Secretary, Public Works Department – Respondent
JUDGMENT :
Heard Mr. Aayush Agarwala, learned counsel for the petitioner who appears through Video Conferencing, Mrs. Linda L. Fambawl, learned Addl. Advocate General for the respondent Nos. 1 to 3 and Mr. A.R. Malhotra, learned counsel for the respondent No. 4. The petitioner who is a company incorporated in the year 2003 having its corporate Office at A-28 Sector, Noida, Uttar Pradesh and its registered Office at C-84 Greater Kailash-I, New Delhi through its Chief Financial Officer has filed the instant writ petition with the following prayer:-
Disputes over contract terms and payments should be resolved through arbitration as per the agreement and MoU signed between the parties.
Section 16 lays down that even interest is payable on amount entitled to by a unit.
The main legal point established is that the respondents were obligated to refund the entire security deposit within six months from the completion of the work, and any claim for deduction/appropriat....
The court affirmed that a performance security cannot be withheld post-acknowledgment of contract performance, and interim relief must balance equities in arbitration under Section 17 of the Act.
The court highlighted the importance of the arbitration clause in the contract agreement and the principles laid down by the Supreme Court regarding the maintainability of writ petitions in contractu....
The Arbitrator has jurisdiction to adjudicate disputes arising from consolidated claims if the parties treated them as a single transaction, and the award is not subject to interference under Section....
The court established that claims for payment under a subcontract must be pursued through appropriate civil channels, particularly when they involve disputed facts and contractual obligations.
Writ petitions are maintainable for contractual claims against state entities, and withholding payments due to contractors on arbitrary grounds violates constitutional obligations to act fairly.
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