Petitioner sought release of payment for works done. Court held writ petition not maintainable as a similar issue was recently dismissed. Petitioner directed to approach Civil Court.
Writ petition dismissed; liberty to approach Civil Court granted.
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GAHC010014162021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3873/2021
M/S WESTERN OUTDOOR STRUCTURE PVT LTD
REPRESENTED BY ITS MANAGING DIRECTOR, DALER SINGH MATHADU. AGE 42 YEARS, 5TH FLOOR, S.K TOWER, NEAR AXIX BANK, HARI NIWAS CIRLCE, NAUPADA, MAHASTSTRA, MUMBAI
2: RAHUL RAMESH SHAH S/O RAMESH MEGHJI SHAH
EXECUTIVE DIRECTOR OF WESTERN OUTDOOR PRIVATE LIMITED RESIDENT OF 5TH FLOOR S.K TOWER HARINIWASH CIRCLE THANE WEST 400602 MAHARASTR
VERSUS
BOARD OF CONTROL FOR CRICKET IN INDIA AND 5 ORS REPRESENTED BY THE CHAIRMAN 4TH FLOOR, CRICKET CENTRE, WANKHEDA STADIUM ROAD, CHURCHGATE, MUMBARI 400020, MAHARASHTRA, INDIA,
2:THE ASSAM CRICKET ASSOCIATION REPRESENTED BY ITS SECRETARY ASSAM BARSAPARA GUWAHATI ASSAM 781018
3:THE TREASURER ASSAM CRICKET ASSOCIATION BARSAPARA GUWAHATI 781018
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ASSAM
4:THE AUDITOR ASSAM CRICKET ASSOCIATION BARSAPARA GUWAHATI 781018 ASSAM 5:ASSISTANT ENGINEER
BARSAPARA CRICKET STADIUM ASSAM CRICKET ASSOCIATION BARSAPARA GUWAHATI 781018 ASSAM 6:THE TECHNICAL COMMITTEE
BARSAPARA CRICKET STADIUM REPRESENTED BY ITS CHAIRMAN BARSAPARA GUWAHATI 78101
Advocate for the Petitioner : MR B P BORAH
Advocate for the Respondent : MR S KHOUND
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
06.03.2024
Heard Shri B.P. Borah, learned counsel for the petitioner. Also heard Ms. S. Sharma, learned counsel appearing for the BCCI.
The present petition was filed for direction for release of an amount of Rs.2,85,42,481/- along with interest for works done by the petitioner for the respondent-Board.
Shri Borah, the learned counsel for the petitioner has however fairly submitted that a similar issue which was before this Court in WP(C)/5220/2021
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has been decided vide judgment dated 15.02.2024 whereby a writ petition of the present nature has been held to be not maintainable.
Shri Borah, the learned counsel has however submitted that while dismissing the aforesaid writ petition, this Court has made certain observations regarding the liberty of the party to approach the appropriate Civil Court.
After hearing the parties and on perusal of the order dated 15.02.2024 passed in WP(C)/5220/2021 [ Manabedra Kumar Sarma vs. Board of Control for Cricket in India & 3 Ors .], the present writ petition is also dismissed.
The petitioner is however at liberty to approach the appropriate Civil Court for redressal of his grievance, if so advised.
In case the issue of limitation arises, the petitioner would be at liberty to take recourse to Section 14 of the Limitation Act.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the present writ petition challenging non-release of payment for works done is maintainable given a similar issue was recently dismissed on maintainability grounds.
Colour shows how this judgement treated each authority
Manabedra Kumar Sarma vs. Board of Control for Cricket in India & 3 OrsReferred¶27
WP(C)/5220/2021 [ Manabedra Kumar Sarma vs. Board of Control for Cricket in India & 3 Ors ]
1 provisions across 1 enactments
M/S WESTERN OUTDOOR STRUCTURE PVT LTD
BOARD OF CONTROL FOR CRICKET IN INDIA
THE ASSAM CRICKET ASSOCIATION
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
