Divison Bench held that a challenge to a contractual termination of a mandate, which at most gives rise to a right to claim damages, is not maintainable under Article 226 and dismissed the writ petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
rsk 1 8-9-WP-2287-4891-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2287 OF 2015
Maharashtra State Co-operative Consumer Federation Ltd. ...Petitioner vs. The State of Maharashtra & 2 Ors. ...Respondents
WITH WRIT PETITION NO.444 OF 2016
Bukhari Shams & 9 Ors. ...Petitioners vs. The State of Maharashtra & 2 Ors. ...Respondents
ALONG WITH CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4891 OF 2015 WITH CIVIL APPLICATION NO.535 OF 2016 IN
WRIT PETITION NO.4891 OF 2015
Krishna Medical through Ramlal Rattaram Chaudhary ...Petitioner
vs.
The State of Maharashtra through Chief Secretary, Medical Education and Drugs DEP ...Respondent
Mr.S.R. Nargolkar a/w. Mr. Omkar Ambekar for the Petitioner. (WP No.2287/2015)
Mr. Kedar Dighe, Asst. G.P. for the State/Respondent Nos.1 & 2. (WP No.2287/2015)
Mr. S. R. Nargolkar a/w Lendle Continho I/b Meenakshi Sakhare and Mr. Santosh S. Musale for the Petitioner. (WP No.4891/2015) Mr. C.P. Yadav, AGP for the Respondent Nos.1 & 3. (WP No.4891/2015)
rsk 2 8-9-WP-2287-4891-15.doc
CORAM: B. R. GAVAI AND
RIYAZ I. CHAGLA, JJ.
DATE: 24th JULY 2017
P.C. :
. The challenge which is raised in this matter was also raised before the Aurangabad Bench of this Court by way of Writ Petition No.10288/2015. In the said Petition vide judgment and order dated 7/6/2017, the Division Bench has found no merit in the challenge and dismissed the Petition.
(RIYAZ I. CHAGLA, J.) (B. R. GAVAI, J.)
2 issues framed by the court
Whether the High Court can entertain a challenge to a contractual termination of a mandate under Article 226 of the Constitution.
Whether the remedy available for wrongful termination of a contract lies in civil proceedings claiming damages rather than a writ petition.
Maharashtra State Co-operative Consumer Federation Ltd.
The State of Maharashtra
B. R. Gavai
Riyaz I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
