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MOHAMMAD RAFIQ, PRAKASH SHRIVASTAVA
Alok Kumar Choubey – Appellant
Versus
State of M. P. – Respondent
ORDER
Rafiq, CJ -- 1. This writ petition has been filed by Alok Kumar Choubey challenging validity of the order dated 22.12.2018 (Annexure-P/11), passed by the respondent No.5 Divisional Project Engineer, Public Works Department, Project Implementation Unit, Division Seoni, Seoni (M.P.), whereby the amount of performance guarantee (security) submitted by the petitioner for the work of construction of 100 Seater Chhatravas Building at Lakhnadon, District Seoni including water supply, sanitary fittings and electrification etc. was forfeited.
2. Mr. Shekhar Sharma, learned counsel for the petitioner submits that the petitioner is a proprietorship Firm and is registered as a “C” class contractor with the respondent-Department. Being the successful bidder, the petitioner was awarded the work for construction of the aforesaid building and Letter of Acceptance (for short “LOA”) was issued in his favour on 2.6.2014. According to the terms of LOA, the petitioner was required to execute the entire work within 13 months excluding the rainy season. The cost of work was Rs.129.50 Lac. An
The judgment established the importance of strict adherence to contract clauses and the interpretation of notice requirements for termination, as well as clarified the applicability of alternative re....
The court reaffirmed that contractual disputes with an arbitration clause are not maintainable under Article 226 unless exceptional circumstances arise, emphasizing lawful forfeiture of security for ....
The main legal point established in the judgment is that the dispute fell within the ambit of the arbitration clause in the contract and that the public law remedy was not required as an effective pr....
Writ jurisdiction cannot be used solely for granting interim relief. Disputed factual matters are not within the purview of writ jurisdiction.
Writ petitions are maintainable for contractual claims against state entities, and withholding payments due to contractors on arbitrary grounds violates constitutional obligations to act fairly.
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 affirmed that disputes arising from contractual agreements lacking statutory characteristics are to be resolved through arbitration, and the invocation of performance guarantees is valid wh....
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