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RAVI MALIMATH, PURUSHAINDRA KUMAR KAURAV
UBIK BUILDERS AND ENGINEERS PVT. LTD. , NAGPUR – Appellant
Versus
MADHYA PRADESH STATE ELECTRICITY BOARD, RAMPUR – Respondent
ORDER PURUSHAINDRA KUMAR KAURAV, J. : – The instant writ petition has been filed by the petitioners seeking issuance of a writ of certiorari to quash the impugned order dated 19-5-2005 (Annexure-P-6) (wrongly mentioned in the prayer clause as Annexure-P-5). The petitioners have further prayed for directions to refund the security amount and deductions carried by the respondents from the running bill of the petitioners together with interest @ 24% p.a. till the date of its payment.
2. Short facts of the case are that the petitioner No. 1 is a Private Limited Company duly incorporated under the provisions of the Companies Act, 1956. The petitioner No. 1 is involved in the business of transportation of coal. Petitioner No. 2 is the Director of petitioner No. 1. The respondents invited tender from reputed and experienced transport contractors for the work of transportation of coal from Satpura II Mines of M/s WCL to Satpura Thermal Power Station, Madhya Pradesh Electricity Board, Sarni, by road through the contractors own tippers/dumpers and uploading it at Courtyard of the power s
The obligation of the state to act fairly and reasonably in contractual disputes, and the importance of respecting the specific terms of a contract.
The contractor is responsible for preventing theft and complying with contract terms; failure to do so justifies termination of the contract.
The power of judicial review is not normally exercised in contractual obligations, and parties may be relegated to adjudication of their rights by resorting to remedies provided for adjudication of p....
An authority must adhere to contract terms, including timely communication of penalties and an opportunity to rectify, or face quashing of arbitrary demands.
The court emphasized the importance of contractual terms, specifically the price variation clause, in justifying the termination of a work order and rejected the petitioner's claim of the global incr....
It is settled that interpretation and implementation of clauses in a contract cannot ordinarily be subject-matter of a writ petition.
The demand for compensation for short lifting of coal was impermissible as no loss was incurred by the respondent. The court restrained the respondent from encashing the bank guarantee, as it would r....
The court ruled that claims for damages in breach of contract require proof of actual loss, which was not established by the plaintiffs, leading to dismissal of the appeal.
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