Back
KARDAK ETE
New Age Petcoke Pvt Ltd. – Appellant
Versus
Numaligarh Refinery Ltd. – Respondent
JUDGMENT :
Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. A. Das, learned counsel for the petitioners. Also heard Mr. A. Kalita, learned counsel for the respondents.
2. As the issues involved in these batch of writ petitions are similar on facts and law, the same are being disposed of by this common judgment.
3. Common challenge made is to the impugned e-mail dated 19.04.2023 issued by the respondents for resumption of supply of RPC from the point of its stoppage/withholding, in continuation of the BRD, E-auction dated 01.02.2023 and also for declaration of the Delivery Schedule for RPC supply to the petitioners as per the respective Delivery Orders, to have lapsed, and the contract of supply of RPC to have expired and further to declare that the NRL authority has obligated to refund the security deposits and balance purchase advance payments due to its failure/shortfall in providing the contractually stipulated quantities of RPC.
4. The petitioners are engaged in the business of manufacturing Calcined Petroleum Coke (CPC in short) by processing Raw Petroleum Coke (herein after referred to as RPC in short). The product CPC is extensively used in Aluminum, Graphite, Fe
The court held that unilateral actions by a public authority that violate contractual obligations are arbitrary and subject to judicial review, allowing for refunds of deposits and payments.
As the contract between the petitioner and the respondent Corporation, an instrumentality of the State, is under the realm of a private law and there is no element of public law, the only course for ....
Reimbursement of amount - Entitlement of - Grant of relief of this nature would virtually amount to a money decree. Petitioner is at liberty to take recourse to remedies available by raising such a c....
A writ petition is not the appropriate remedy for disputes relating to contractual obligations. Such disputes should be resolved through civil suits.
Point of law: Stated simply, 'unjust enrichment' means retention of a benefit by a person that is unjust or inequitable. 'Unjust enrichment' occurs when a person retains money or benefits which in ju....
Writ petitions for private contractual disputes are not maintainable under Article 226 of the Constitution, as they do not involve public law elements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
