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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Surajit Deka S/O Praneswar Deka – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. nature of contractual dispute and prayers for relief. (Para 1 , 2 , 3) |
| 2. writ courts decline intervention in matters requiring evidence and subject to arbitration clauses. (Para 4 , 5 , 6 , 7) |
| 3. limitation period exclusion and liberty to pursue alternative contractual remedies. (Para 8 , 9) |
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. R. Hussain, the learned counsel appearing on behalf of the Petitioner and Ms. S. Baruah, the learned CGC appearing on behalf of the Respondent Nos. 1, 2, 3 and 4. I have also heard Mr. S. R. Baruah, the learned Government Advocate appearing on behalf of the Respondent Nos. 5 and 6 and Mr. R. R. Gogoi, the learned Standing counsel appearing on behalf of the Respondent No.7.
2. The present writ petition has been filed by the Petitioner seeking the following reliefs which are reproduced herein under:
“(i) To set aside and quash the show cause notice no. 23(106)/EE/PD/2020/329 dated 12.05.2020.
(ii) To set aside and quash the order of termination of work order vide No. 23(106)/EE/PD/2020/713 dated 28.08.2020 issued by the Respondent No.3 and upon cause or causes being shown and after hearing both the parties be pleased to make the Rule
The existence of an arbitration clause in the agreement does not ipso facto render a writ petition not maintainable. The High Court may still exercise its writ jurisdiction in exceptional circumstanc....
Point of law: All questions, disputes or differences whatever which may at any time arise between the parties to this contract in connection with the contract or any matter arising out of or in relat....
Writ jurisdiction cannot be used solely for granting interim relief. Disputed factual matters are not within the purview of writ jurisdiction.
Writ jurisdiction can address arbitrary state actions in contractual disputes, emphasizing the importance of procedural fairness and adherence to contractual terms, especially regarding extensions an....
The judgment established the importance of strict adherence to contract clauses and the interpretation of notice requirements for termination, as well as clarified the applicability of alternative re....
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