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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. Ravi
Nath Infrastructures – Appellant
Versus
Union Of India, Represented By Its Secretary, Ministry Of Home Affairs, Government Of India, North Block, Central Secretariat, New Delhi – Respondent
JUDGMENT :
T.R. Ravi, J.
The petitioner in both these writ petitions is a partnership firm engaged in road construction. The firm undertakes projects for the Kerala Infrastructure Investment Fund Board (KIIFB), the National Highway Authority, and the Public Works Department. The Petitioner has satisfactorily completed several work contracts, including the Kuttipuram-Puthuponnani National Highway and National Highway 15/000 to 57/000 in Wayanad. The prayers in these writ petitions are intrinsically connected, and the writ petitions are being heard and disposed of together. The references to the exhibits and the status of the parties are -6- as per W.P.(C)No.11720 of 2023, which is treated as the main case.
2. The 5th respondent, who had been entrusted with the development, maintenance, and management of National Highway 766 including the section from km 25/1000 to km 45/1000, by the 1st respondent, invited proposals from eligible bidders for "strengthening and geometric improvements from km 25/1000 to km 45/1000 of NH 766 (old NH 212) in Kozhikode District in the State of Kerala on Engineering, Procurement, Construction ("EPC") mode." The petitioner was the successful bidder. An Engine
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 court emphasized that public authority's arbitrary termination of a contract without following due procedures violates principles of fairness and justness, meriting judicial intervention.
The court reinforced that the existence of an arbitration clause limits the scope for judicial intervention in contractual disputes involving the state.
Contract and Specific Relief – Jurisdiction - There is no cause of action and matter may be appropriately referred to appropriate forum as there is arbitral agreement between parties to address all i....
Writ under Article 226 not maintainable for contractual termination disputes involving factual questions when arbitration clause exists, natural justice not violated, and no public law issue raised.
Termination of Agreement - Disputed questions of fact which this Court cannot adjudicate in writ jurisdiction - Degree of compliance of the principles of natural justice applicable to administrative ....
The court affirmed that principles of natural justice do not apply to non-statutory, purely contractual disputes where parties must adhere to the terms of their contract.
The main legal point established in the judgment is the importance of abiding by the dispute resolution mechanism provided in the Agreement for resolving disputes arising from the contract. The Court....
The judgment emphasizes the limited scope of judicial review in contractual matters involving public authorities and the importance of resolving disputed questions of fact through alternate remedies,....
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