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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Indian Hume Pipe Co., Limited, Rep. by its Deputy General Manager, Mr. S. Arunachalam – Appellant
Versus
Managing Director, TWAD Board, No.31, Kamarajar Salai, Chepauk, Chennai – Respondent
| Table of Content |
|---|
| 1. details of the contract and related disputes. (Para 1) |
| 2. facts regarding the contract and delay (Para 2) |
| 3. arguments on price adjustment entitlement (Para 3 , 4) |
| 4. court's reasoning on contractual disputes (Para 5 , 6) |
| 5. final order directing to follow dispute resolution (Para 7 , 8) |
ORDER :
The present Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondents to disburse the amounts payable to the petitioner towards price adjustment in terms of the Minutes of the meeting conducted by st the respondent Board on 14.06.2016 and the consequential order of the 1 respondent vide proceedings No.23217/Audit /2017 dated 20.04.2017, with regard to the agreement entered between the respondent board and the petitioner in CER/TWAD/MDU/No.22/2011-12/dated 30.12.2011.
2.Brief facts:
a. The petitioner is engaged in the business of manufacturing, laying and joining pipelines in relation to the infrastructure facilities, more particularly, drinking water supply projects, irrigation projects and sanitation and sewerage system.
b. The respondent board floated a tender for providing CWSS to 637 Rural habitations in Aruppukottai, kariapatti, Thiruchuli and Narik
A writ of mandamus cannot be issued for contractual disputes involving disputed questions of fact without exhausting alternative dispute resolution mechanisms.
Writ petitions to enforce contractual obligations are generally not maintainable unless there is a statutory duty; parties must exhaust internal dispute resolution mechanisms in contract disputes.
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 limitation period for arbitration references under the M.P. Madhyastham Adhikaran Adhiniyam commences from the communication of the Dispute Board's decision, and the petitioner filed within this ....
(1) Disputes arising out of purely contractual obligations cannot be entertained by High Court in exercise of extra-ordinary writ jurisdiction.(2) A wrong doer ought not to be permitted to make profi....
Writ petitions in contractual matters are maintainable if state action is arbitrary, and contractual provisions must be strictly followed regarding deductions and dispute resolution.
A contract's timelines affected by mutual agreements for delays allow claims for price escalation under applicable clauses, establishing equity in contractual relations with state entities.
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