Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
G B Chowdhury Holdings Pvt. Ltd., Rep. By its director, smt. Sujata guring chowdhury – Appellant
Versus
Food Corporation Of India, Rep. By Its Chairman Cum Managing Director – Respondent
| Table of Content |
|---|
| 1. contractual obligations and performance under changed circumstances. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' contentions regarding contractual liability and state fairness in performance. (Para 6 , 7) |
| 3. limitations of writ jurisdiction in contractual disputes and requirement of evidence for quantum meruit. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. dismissal of writ petition with liberty to pursue civil remedy and exclusion of time for limitation. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. B. Chakraborty, the learned counsel appearing on behalf of the Petitioner and Mr. B. K. Singh, the learned counsel appearing on behalf of the Food Corporation of India.
2. The Petitioner herein is aggrieved by the report of the Grievance Redressal Committee dated 01.09.2022 thereby rejecting the petitioner's Appeal and the consequential order dated 20.09.2022 passed by the Respondent No.3.
3. The brief facts which led to the filing of the instant writ petition are that the Petitioner herein is a contractor engaged in the business of transportation works under the Food Corporation of India. A Notice Inviting E-Tender was issued on 11.06.2021 from eligible contractors
Adopting a different view in matter in facts and circumstances of case would not be permissible in eye of law.
The issuance of a No Demand Certificate validly discharged the contract, and subsequent demands by the Food Corporation of India were arbitrary and illegal.
Contractor had not approached Grievance Redressal Committee and hence, Court, relegated contractor to invoke jurisdiction of Grievance Redressal Committee for ventilating its grievances.
Contracts must be honored based on verified terms and conditions; discrepancies in distances stated versus actual must be rectified to uphold contractual integrity.
Point of Law : Unless arbitrariness or mala fide on part of the tendering authority is alleged, expert evaluation of a particular tender, particularly when it comes to technical evaluation, is not to....
The unilateral reduction of transportation distance by the appellants was arbitrary, violating contractual obligations as per the tender notice.
There is an offer and acceptance of the terms and conditions of the contract by and between the parties and there was a consensus ad idem, which cannot be altered unless agreed upon by the parties mu....
Retrospective recovery of amounts under an executive order is impermissible without following due process and the principles of natural justice.
Retrospective recovery of amounts by public authorities must adhere to established tender conditions and principles of natural justice.
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
