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GANESH RAM MEENA
Abdul Vahid – Appellant
Versus
Union Of India – Respondent
ORDER :
Ganesh Ram Meena, J.
By way of filing instant instant writ petition under Article 226 of the Constitution of India, the petitioner has prayed to issue direction to the respondents to refund the security amount with interest to him which he deposited.
2. Counsel for the petitioner submits that a tender notice dated 5.4.2016 was issued by the respondent for cycle, motor-cycle stand at Kota Junction and after due process, the tender of the petitioner was accepted and he started the work of cycle stand from 01.8.2016. Counsel submits that the licence agreement for the same was executed on 20.06.2017 on certain terms and conditions. After expiry of period of 12 months, the petitioner submitted an application on 21.07.2017 before the respondent No.2 for termination of the licence issued to him w.e.f. the Month of September 2017 on the ground that he is suffering a great loss due to imposition of GST. Counsel submits that the petitioner deposited Rs.41,51,804/- as a security amount which may be refunded to him along-with the interest.
3. In the reply to the writ petition it has been averred by the respondents that there is an Arbitration Clause in the agreement, therefore, the writ pe
The main legal point established in the judgment is that the arbitrator's decision must be in accordance with the terms of the agreement, and failure to do so can result in the decision being set asi....
The main legal point established is that a reference to a document containing an arbitration clause can make the arbitration clause part of the contract, as per Section 7(5) of the Arbitration and Co....
Premature termination of a contract does not grant right to forfeit the security deposit without proof of actual loss, as it constitutes a penalty under the contract law.
Termination of a license without a show cause notice or consideration of refundable fees violates natural justice and judicial directives.
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