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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA, ANJAN MONI KALITA
Peto Dumpum Enterprise, represented by Mrs Yamje Loriak Tamin, Daughter of Kirjom Dulom – Appellant
Versus
Union of India, represented by the Secretary, Govt. of India, Ministry of Defence – Respondent
| Table of Content |
|---|
| 1. factual overview of the tender, sub-contracting relationship, and the originating writ petition. (Para 1 , 2 , 3) |
| 2. arguments concerning privity of contract, liability for liquidated damages, and the status of bank guarantees. (Para 4 , 5 , 7 , 8 , 9 , 10) |
| 3. court's identification of material disputed questions of fact that precludes adjudication under writ jurisdiction. (Para 11 , 12 , 13 , 14) |
| 4. requirement for competent forum determination of breach and liquidated damages under sections 73 and 74 of the indian contract act. (Para 15 , 16 , 17) |
JUDGMENT :
Anjan Moni Kalita, J.
Heard Mr. P. J. Saikia, learned Senior Counsel assisted by Ms. M. Nirola, learned counsel for the appellants. Also heard Mr. M. Kato, learned DSGI appearing for the Respondent Nos. 1 to 4 and Ms. P. Pangu, learned Government Advocate appearing for the Respondent No. 5.
2. The instant intra-court appeal has been filed by the Appellants assailing the Judgment and Order dated 04.03.2025, passed by the learned Single Judge in WP(C) No. 03 (AP) of 2024.
3. The facts leading to the filing of the instant writ appeal are briefly summarised herein below:
A. The Appellants and one M/s Velecha Engineering
An employer cannot unilaterally determine a breach of contract or impose liquidated damages. Such disputes, involving questions of fact and the absence of privity of contract between an employer and ....
Disputed questions of fact regarding breach of contract, assessment of liquidated damages, and invocation of bank guarantees cannot be adjudicated under writ jurisdiction. Such matters require determ....
The court upheld the validity of contract termination due to non-completion of work, affirming that claims for liquidated damages should be pursued in civil court.
Validity of subcontracting requires prior approval; payment cannot claim without completed work or legal agreement.
Point of law: When the appeal is presented in terms of Section 96 CPC and when this Court is considering this appeal not only as a last Court of fact but also in terms of law, it is open for the appe....
Section 8 of Act is an example of referring parties to arbitration.
Section 16 lays down that even interest is payable on amount entitled to by a unit.
Arbitration Award - An Award however can be interfered with if it is found to be vulnerable under any of the grounds in Section 34 including being in contravention with the fundamental policy of Indi....
The court upheld the binding nature of the contract, ruling that the Plaintiff's claims were untenable due to failure to exercise contractual options and were barred by limitation.
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