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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, SUDDALA CHALAPATHI RAO
M/s GVV Constructions Pvt. Ltd – Appellant
Versus
Union of India, Rep. by its Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. writ petition challenges termination notice. (Para 1 , 3 , 4) |
| 2. dispute necessitates arbitration due to complex facts. (Para 5 , 6 , 7 , 8) |
| 3. court emphasizes issues for arbitrator deliberation. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. writ appeal allowed; decision remanded to arbitration. (Para 18 , 19) |
JUDGMENT :
P. SAM KOSHY, J.
1. The instant Writ Appeal has been filed by the appellant under Clause 15 of LETTERS PATENT Act assailing the order dated 18.10.2022 in Writ Petition No.27246 of 2022 passed by a learned Single Judge of this Court (for short ‘the impugned order’), and aggrieved only by the operative portion of the order passed by the learned Single Judge insofar as upholding the notice of termination of contract issued by respondent No.3, dated 10.06.2022.
2. Heard Mr.A. Venkatesh, learned Senior Counsel representing M/s.Pillix Law Firm, for the appellant and Mr.B. Narasimha Sharma, learned Additional Solicitor General of India, appearing on behalf of Mr. Bhujanga Rao, learned Deputy Solicitor General of India, for the respondents.
3. The brief facts necessary for adjudication of the instant appeal are that the appellant herein had preferred a
Disputes arising from contract termination must be resolved through arbitration, not writ jurisdiction, especially when complicated questions of fact are present.
Writ under Article 226 not maintainable for contractual termination disputes involving factual questions when arbitration clause exists, natural justice not violated, and no public law issue raised.
The court reinforced that the existence of an arbitration clause limits the scope for judicial intervention in contractual disputes involving the state.
The main legal point established in the judgment is the importance of abiding by the dispute resolution mechanism provided in the Agreement for resolving disputes arising from the contract. The Court....
Writ petitions in contractual disputes are generally not maintainable if they involve disputed questions of fact.
Point of law: Contractual Employee - Order of termination of a temporary employee or a probationer or even a tenure employee, simpliciter without casting any stigma may not be interfered with by cour....
Termination of Contract - Execution/completion of project - Learned Single Judge has rightly come to conclusion that there is no arbitrariness on part of respondents in terminating contract as they h....
The court emphasized that public authority's arbitrary termination of a contract without following due procedures violates principles of fairness and justness, meriting judicial intervention.
The court established that termination of a contract must comply with natural justice principles, requiring adequate reasoning and opportunity for the affected party to respond.
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