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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Iheto Achumi, Son Of Late Nizuto Achumi – Appellant
Versus
Union Of India Represented By The Secretary, Ministry Of Railways, Govt. Of India, 254-A, Raisina Road, Rajpath Area, Centralsecretariat, New Delhi – Respondent
| Table of Content |
|---|
| 1. termination of contract for unsatisfactory performance. (Para 2 , 3 , 4 , 5 , 6 , 7 , 14) |
| 2. claims based on prior communications and notices. (Para 8 , 11 , 12) |
| 3. delays and laches affect judicial relief. (Para 15 , 16 , 17) |
| 4. disputed facts cannot be resolved in writ jurisdiction. (Para 18 , 19) |
| 5. writ petition dismissed without costs. (Para 20) |
JUDGMENT :
Devashis Baruah, J.
Heard Mr. A. Baruah, the learned counsel appearing on behalf of the petitioner and Mr. Yangerwati, the learned CGC appearing on behalf of the respondent No. 1 to 4.
2. The petitioner has filed the instant writ petition challenging the termination notice dated 28.10.2014 as well as the letter dated 20.04.2015 issued by the Chief Medical Superintendent, Lumding, Northeast Frontier Railway for forfeiture of the earnest money and performance guarantee and further seeks for a writ in the nature of mandamus thereby directing the Chief Medical Superintendent, Lumding, Northeast Frontier Railway to refund the performance guarantee of Rs.44,664/- and earnest money of Rs.19,330/- along with payment of Rs.1,46,600/- for the works done by the petitioner which were raised before the CMS, Lumding vide bills
Inordinate delay in challenging contract termination warrants dismissal of the writ petition under Article 226; the court is not required to entertain negligent claims, emphasizing strict adherence t....
The termination of a contract was deemed arbitrary due to non-consideration of the contractor's representations, violating the principles of natural justice.
The court established that termination of a contract must comply with natural justice principles, requiring adequate reasoning and opportunity for the affected party to respond.
Judicial review is permissible in contractual disputes involving public law elements, but the existence of an arbitration clause limits the scope of such review.
The court emphasized that interim relief for disputes under arbitration must be sought through the Arbitration and Conciliation Act rather than through a writ petition.
Excessive delay in approaching the court undermines writ jurisdiction, necessitating dismissal of claims lacking timely justification.
Failure to comply with the terms of a construction agreement can justify termination and forfeiture of deposits, and courts should exercise restraint in interfering with administrative decisions.
Termination of contracts must adhere to established contractual obligations and procedural requirements; failure to comply with these undermines claims of unreasonableness or arbitrariness in actions....
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