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SHOBA ANNAMMA EAPEN
Koppara Enterprises Printing And Copy Solutions (India) Pvt. Ltd. , Represented By Its Director Rajeev Ramakrishnan – Appellant
Versus
State Of Kerala, Represented By The Principal Secretary To Government – Respondent
JUDGMENT :
1. This writ petition is filed with the following prayers;
ii) to issue a writ of mandamus or any other appropriate writ or order declaring that the blacklisting of the petitioner and fixation of liability as well as forfeiture of bill amount on termination of contract are unauthorized and in violation of the stipulations in the General Conditions of Contract appended to Ext.P1 tender notification and Ext.P3 Agreement;
iii) to issue a writ of mandamus or any other appropriate writ or order directing the respondents 2 and 3 to disburse the price of the copies of Information Guide (Diary, 2013) supplied by the petitioner under Ext.P3 contract at once;
iv) to issue a writ of mandamus or any other appropriate writ or order declaring that imposition of risk and cost on the petitioner in Ext.P7 order is illegal and unenforceable;
v) to issue a writ of mandamus or any other appropriate writ or order prohibiting the respondents from enforcing Ext.P9, P13 & P14;”
2. The brief facts of the case of the petitioner is as follows;
2.1. The petitioner, a private limite
Section 73 of Contract Act reads as compensation for loss or damage caused by breach of contract.
Writ jurisdiction under Article 226 cannot adjudicate disputes arising from contracts or address complex questions of fact needing evidence.
The court ruled that the respondent's unilateral deductions from payments violated principles of natural justice, requiring adherence to contract clauses and valid justification for any recovery acti....
A show cause notice for blacklisting must be based on reasonable grounds and cannot be issued merely for breach of contract without substantial evidence of misconduct.
The court reaffirmed that deductions from contracts must adhere to principles of natural justice, requiring prior notification and justification for any recovery actions.
Natural justice requires that prior notice be given before penalties such as blacklisting; however, if adequate opportunity and communication are established, decisions can stand.
Point of Law : Work tender/Contract - Blacklisting - when the financial loss is not caused, the doctrine of proportionality to blacklist the petitioner beyond the reasons shown in the show cause not....
Blacklisting a contractor without a fair hearing violates principles of natural justice, rendering such actions invalid, while the termination of the contract for non-compliance with security require....
An authority must adhere to contract terms, including timely communication of penalties and an opportunity to rectify, or face quashing of arbitrary demands.
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