The court found the writ appeal infructuous as the appellant herein has challenged the same termination order in a separate pending writ petition (WP No. 27611 of 2015). No reliefs were granted on merits.
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.
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE S.V. BHATT
W.A.No.833 OF 2015
PC: (Per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
This writ appeal is directed against the order dated 20.08.2015 passed in W.P.No.23590 of 2015 whereby the writ petition filed by appellant has been dismissed, upholding the contention of the respondents that the writ petition was not maintainable.
In the writ petition, the appellant sought Mandamus directing the 1st respondent to desist from terminating the contract agreement dated 04.08.2010 and to declare their action to invoke bank guarantees, as illegal, inequitable and against the principles of natural justice and consequently restore the bank guarantees.
We are informed by the learned counsel for the parties that after the impugned order (20.08.2015), the 1st respondent terminated the contract agreement dated 04.08.2010. It is not in dispute that the appellant has challenged the termination by way of a writ petition bearing W.P.No.27611 of 2015 and it is pending before the appropriate bench.
Keeping that in view, in our opinion, no reliefs as prayed for in the instant proceedings can be granted. Hence, we dispose of this writ appeal as rendered infructuous, keeping all contentions on merits open to be raised before appropriate forum, including in W.P.No.27611 of 2015, if it is entertained on merits. Insofar as the bank guarantees are concerned, it is open to the appellant to seek appropriate relief, if the termination of the contract agreement dated 04.08.2010 is set aside on merits.
Consequently, miscellaneous petitions, if any pending, also stand disposed of.
_____________________
DILIP B. BHOSALE,
ACJ
___________________ S.V.BHATT, J Date: 01.09.2015 Stp/Lrkm
1 issue framed by the court
Whether the writ appeal calling for restoration of terminated bank guarantees can be granted when the appellant has already pending a challenge to the termination.
Appellant
1st Respondent
DILIP B. BHOSALE
S.V. BHATT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
