The court rejected a writ petition challenging the termination of a contract. It held that the appropriate remedy for alleged illegal termination is a suit for compensation and granted liberty to avail the alternate remedy.
Writ petition rejected with liberty to file a suit for compensation.
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.
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 2206 OF 2018
Shivas Autocomp Procurements India Pvt. Ltd. .. Petitioner Vs.
State of Maharashtra & ors. .. Respondents
Mr. Satish S. Sharma for the petitioner. Mr. Hemant Haryan, AGP, State – respondent No.1. Mr. Gopal Krishna S. Hegde for respondent Nos. 2 and 3.
CORAM : B.R.GAVAI & M.S. KARNIK, JJ.
DATE : 10th OCTOBER, 2018
P.C. :
The Petition is directed against the termination of
the contract.
the petitioner is to file a suit for compensation if it is the case of
the petitioner that the tender which was awarded to the petitioner has been illegally terminated.
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petitioner to take recourse to the alternate remedy available in law.
(M.S. KARNIK, J.) ( B.R.GAVAI, J.)
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1 issue framed by the court
Whether the termination of a contract awardable by writ petition or requires a suit for compensation.
Shivas Autocomp Procurements India Pvt. Ltd.
State of Maharashtra
B.R. Gavai
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
