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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 – Respondent
| Table of Content |
|---|
| 1. jurisdiction overview and contractual obligations. (Para 1 , 2 , 3) |
| 2. disputed questions of fact in contract law. (Para 4 , 5 , 6) |
| 3. final disposition and order to pursue dispute resolution. (Para 7 , 8) |
ORDER :
(MOHAMMED SHAFFIQ, J.)
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.21/2011-12/dated 30.12.2011.
2. Brief facts:
a. The petitioner is engaged in the business of manufacturing, laying and joining pipelines in relation to infrastructure facilities, more particularly, drinking water supply projects, irrigation projects, sanitation and sewerage system.
b. The respondent board floated a tender for providing CWSS to seven Town Panchayats and 395 rural habitations in Rajapalayam, Srivilliputhur, Watrap Union in Virudhunagar District with river Thamir
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.
A writ of mandamus cannot be issued for contractual disputes involving disputed questions of fact without exhausting alternative dispute resolution mechanisms.
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 ....
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....
Writ petitions in contractual matters are maintainable if state action is arbitrary, and contractual provisions must be strictly followed regarding deductions and dispute resolution.
(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....
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