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| Table of Content |
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| 1. details of the contract and imposed penalties. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments for and against imposed penalties. (Para 8 , 9 , 11 , 12 , 13 , 14) |
| 3. court's reasoning on procedure for penalties. (Para 15 , 16 , 17 , 18) |
| 4. conclusion to allow the petition and set aside penalties. (Para 19 , 20) |
JUDGMENT :
M A Chowdhary, J.
1. Petitioners, through the medium of this petition, filed under Article 226 of Constitution of India, seek directions from this Court for issuance of 'Writ of Certiorari’ to call for the relevant record pertaining to allotment of contract of replacement of old air compressors with new air compressors-02 Nos. (one working and one stand by) along with dryers and allied electrical works for supply of medical air at GMCH Jammu, pursuant to the notice inviting tender, No. MHDJ/e-NIT/61 of 2020-21 dated 28 October 2020, and another No. MHDJ/e-NIT/63 of 2020- 21 dated 29 October 2020 for the similar work at SSH Jammu, issued by the Executive Engineer (Mech.), Hospital and Central Heating Division, GMCH Jammu, and petitioners further seek the details of payment made thereunder along with the proceedings and material leading to imposition of p
The imposition of penalties on contractors requires adherence to principles of natural justice, necessitating the issuance of a show cause notice before enforcement, even in commercial contracts.
The existence of an arbitration clause in the agreement does not ipso facto render a writ petition not maintainable. The High Court may still exercise its writ jurisdiction in exceptional circumstanc....
The court emphasized that an arbitral award must be reasoned and address core contractual issues, with judicial intervention restricted to cases of patent illegality under Section 34 of the Arbitrati....
Section 8 of Act is an example of referring parties to arbitration.
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