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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Surya Power Engineering And Construction, Through Proprietor Amb Singh, S/o Shri Jabar Singh – Appellant
Versus
State of Rajasthan, Through Secretary, Public Works Department, Govt. Of Rajasthan, Secretariat – Respondent
| Table of Content |
|---|
| 1. fact pattern regarding the petitioner's contract and losses. (Para 1 , 2) |
| 2. arguments regarding petitioner's claims and contractual obligations. (Para 3 , 4 , 6 , 7 , 8 , 11) |
| 3. court's analysis of maintainability and arbitration clauses. (Para 12 , 13 , 14 , 15 , 20) |
| 4. decisions regarding writ petition maintainability and binding precedents. (Para 21 , 22 , 23 , 24 , 25) |
| 5. conclusion dismissing the writ petition. (Para 27) |
ORDER :
NUPUR BHATI, J.
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:-
“(i) The impugned order dated 04.06.2025 (Annex.22) may kindly be declared arbitrary, unjust and same may kindly be quashed and set aside.
(ii) The respondent authorities may kindly be directed to deposit the amount of performance security in the account of the petitioner firm with interest.
(iii) The respondent authorities may kindly be directed to provide the relaxation in the weekly remittance fees as per the request made by the petitioner as the petitioner firm sustained losses.
(iv) The respondent authorities may kindly be directed to provide the relaxation as per the clause 26 of the contract.
The court reaffirmed that contractual disputes with an arbitration clause are not maintainable under Article 226 unless exceptional circumstances arise, emphasizing lawful forfeiture of security for ....
Termination of a contract without issuing a show-cause notice violates the principles of natural justice. Force majeure claims must be decided before taking any action based on non-compliance with th....
Point of Law : Commercial Vehicles - Toll plazas/posts/barriers - Collection of Toll Tax – Whether rights of petitioner is violated - Conduct of parties is governed by the Contract Agreement and the ....
The main legal point established in the judgment is that contractual disputes between the State and private parties should be resolved in accordance with the terms of the contract and the laws relati....
Parties to a contract must adhere to its terms despite unforeseen circumstances like force majeure, and disputes arising from such a contract should be resolved through contractual mechanisms, not ju....
Reimbursement of amount - Entitlement of - Grant of relief of this nature would virtually amount to a money decree. Petitioner is at liberty to take recourse to remedies available by raising such a c....
Court exercising jurisdiction under Article 226 of the Constitution of India is also a Court of Equity It will have to be mindful of interests of justice and ensure that in rigidly applying technical....
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