Petitioner challenged remarks on its contract performance via a writ petition. The court held the petition premature and not maintainable due to an arbitration clause requiring exhaustion of remedies before approaching the court. The petition was dismissed.
The writ petition is dismissed; no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.No.23774 of 2013 and M.P.Nos.1 & 2 of 2013
M/s. Shivalaya Engineering Associates, MES Contractor Index no:B-222, Southern Command, Pune, Rep. by its Partner Mr.B.Mohan, At New No:608, old No:55, MTH Road, Avadi, Chennai-600 054.
... Petitioner
vs.
1.Union of India Rep. through Secretary, Ministry of Defence, South Block, New Delhi-110 011.
2.The Head Quarters Chief Engineer, Military Engineering Services, Mukhyalaya Mukhaya Abhiyanta, Dakshinkaman, Southern Command, Pune – 411 001.
3.The Directorate of Contract Management (E8), Rep. through Additional Asst. Director (Contracts) Engineer- In- Chief's Branch, Integrated HQ of MoD (Army), Kashmir House, New Delhi – 110 011.
4.The Chief Engineer, Military Engineering Services, Chennai Zone, Island Grounds, Chennai – 600 009.
5.The Director (Contracts), Chief Engineer's Office, CWE's Office, Chennai Zone, Island Grounds, Chennai – 600 009.
6.The Commander Works Engineer, CWE's Office, Chennai Zone, Pallavan Salai, Chennai – 600 009.
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Declaration, declaring the notification of the 3rd respondent issued on behalf of the 2nd respondent bearing No.800018/1/MAR2013/28/E8 pertaining to consolidated Work Load Register for the Quarter Ending March 2013 dated 22.06.2013 as null and void so far as it relates to M/s. Shivalaya Engineering Associates bearing Class/Index No: B-222 in page No.59 of Part 1-B in Serial No:38 dated 22.06.2013.
For Petitioner : Mr.K.Vijayaraghavan For Respondents : Mr.K.Srinivasamurthy
ORDER
The petitioner was awarded with a contract by the respondents. During the course of the contract, certain remarks were made on the performance of the petitioner. Aggrieved over the same, the petitioner has preferred the present writ petition.
this Court is of the considered opinion that the writ petition is premature and not maintainable on the remarks made by the respondents on the performance of the petitioner.
Consequently, the connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (CS-IX)
//True Copy//
Sub Assistant Registrar
ssi/dua
To:
7.The Garrison Engineer (P), Rudra Road, St. Thomas Mount, Chennai-600 016.
W.P.No.23774 of 2013
SKM (CO) PR (13/04/2022)
2 issues framed by the court
Whether the writ petition challenging remarks on contract performance is maintainable without exhausted arbitration remedy.
Whether the writ petition is premature regarding the performance remarks made by the respondents.
1 provisions across 1 enactments
M/s. Shivalaya Engineering Associates
Union of India
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
