Disposed

M/s Shivani Engineering Industries v. Andhra Pradesh State Road Transport

Telangana HC9 Sept 2024WP/27009/2013

Case brief

AI extract

What is this about?

The High Court did not adjudicate the substantive writ petition regarding the withdrawal of chassis. Finding the cause of action expired, the court closed the writ petition without costs and granted liberty to the petitioner to claim damages before an appropriate forum.

What did the court decide?

Writ petition closed without costs; liberty given to claim damages before appropriate forum.

M/s Shivani Engineering Industries Vs… — Contract and Commercial Disputes | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERAAAD (Special Original Jurisdiction)

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MONDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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.THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 270 09 0F 2013

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Between:

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M/s Shivani Engineering lndustries, a partnership firm registered under the provisions of the lndian Partnership Act, having its registered office at H. No. g-2268N124-1 , Vivekananda Enclave, Road No. 3,-BaniarS Hi s, HvderabaO reo. O, it.s Ivl-anaging.Partner Muralidhar Rao Kanneganti s/o Late K. Kot;iah CnowOary aleO 66 years r/o Hyderabad

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...PETITIONER

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AND

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l. Andhra Pradesh State Road Tra.scor.i. Co.c,:r-a:r:r r?i o) ris ,,,,ce Chalrma:t anJ f,lanaging Director, Hyderabao'

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Executive Director (Engineering), Andhra pradesh Stai3 Road Transport Corporation, Hyderabad

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Chief Mechanical Engineer (Chassis and Bodies), Andhra pradesh State Road Transport Corporation, rep. by its HyderabaC

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Chief Accounts Officer, Andhra Pradesh State Road Transport Corporation, Hyderabad.

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thief Finance Manager, Andhra Pradesh State Road Transport Corporation, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the Constitutjon of lndia prayinq that in the circumstances stated in the affidavit filed therewith. the High Court may be pleased to issue any appropriate Writ, Order or direction preferably a Writ in the nature of Writ of Mandamus, declaring the Lr. No. TL5/286 (15)t2011-t,48D dt. 1^'l .9.20'13 issued by the respondents and consequent withdrawal of 4 chassis (in as is condition) of TP No. 41314-166, TP No. A1314-126. A1314-180 and A.l3.l4181 (all Palle Velugu) covered under Work Order No. 1512011-12-\AED dl. 16.5.2O11 as being illegal, arbitrary, contrary to pnnciples of natural justice, and

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violativeofArt.l4andlg(,1)(g)iftheConstitutionoflndiaandConsequently diiect the^{respondents to forthwithdeliver backthe above chassis to the petitioner} at their cost^{by drawing schedulefor delivery of bus bodies by effecting new} tender^{price fixed for the tender notification No'01/2012-MEDdt'61 '2012'}

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l.A. NO: 2 OF^{2013(WPMP. NO36525 0F 2013)}

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Petition under^{Section 151CPC praying that in the circumstances statedin} the affidavit^{filedin supportof the petition,the HighCourt may be pleased permit} the^{petitioner to file additional materialin W'P'No'27OO9 of 2013'}

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l.A. NO 1 0F 2013^{(WPMP. NO: 33429OF2013)}

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PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit^{filed in supportof the petition,the High court may be pleasedto} direct the^{respondentsto forthwithdeliver backthe 4 chassisTP No Al 314-166'} Tpt,t:A1-e11-173A1314-1E0andA1314-181(allPalieVelugu)coi'er'=dund:r !','J'K O:l.ri^{ll:i:2r11i12- l,l=D dt 165'2011, at the ccst of th3 r3s:'lil3r:s} p3;1,J .; 3 iposa o' ir:^{a:o r:} "vrlt petition

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LA NO:³ OF^{201 3(WPMP. NO : 38093 OF 2013)}

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Pet,tion und.r^{Section151CPC prayingthatin the circumstances statedln} the affidavat^{frled rn supportof the petition,the High Court may be pleasedto} permit the^{petitioner to file additional materialin WPNo-27009/2013}

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Counsel for^{the Petitioner : SRIK.PRATIK REDDY}

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Counsel for^{the Respondents:SRI C'SUNILKUMAR REDDY(SC FORTSSRTC)} The Court made^{the following:ORDER}

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/^.-

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION 0.27009 0F 2013

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ORDER:

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Heard Sri K.Prathik Reddy, learned counsel appearing on behalf of the petitioner and Sri C.Sunil Kumar Reddy, learned standing counsel appearing^on behalf of the respondents,

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The petitioner approached the Court seeking prayer as under:

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",,..to issue any appropriate Writ, Order or direction preferably a Writ in the nature of Writ of Mandamus declaring the .- Lr.No.TL5/286( 15 )/2011-MED, dt.11.09.2013 issued by the respondents and consequent withdrawal of 4 chassis (in as its condition) of^TP No.A1314-166. TP No.A1314-176, A1314-180 and^A1314- tB1 (all Palle Velugu) covered under Work order No.15/2011-12-MED dt.16.05.2011 as being illegal, arbitrary, contrary to principles of natural^justice, and violative of Art.14 and 19(1)(g) if the Constitution of india and consequently direct the respondents to forthwith deliver back the above chassis to the^petitioner at their cost by drawing schedule for delivery of bus

wP 27009 2013

bodies by effecting new tender price fixed for the tender notification No.o1/2012-MED dt 6.1.2012 and pass such other order or orders... "

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It is represented by the learned counsel Sra K.Pratik Reddy, appearing on behalf of the petitioner that the cause of action in the present Writ petition does not survive for adjudication, in view of the fact that the contract period expired in .the year 2OL4, however learned counsel for the petitioner further submits that liberty may be given to the petitioner to claim loss or damages before the appropriate forum.

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Taking into consideration the submissions made by the learned counsel appearang on behalf of the petitioner, the Writ Petition is closed, giving liberty to the petitioner to pursue the remedies as are available to the petitioner to claim loss or damages before appropriate forum. However, there shall be no order as to costs.

$/P 2'1009 2013

Miscellaneous petitions, if any, pending in this Writ

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Petition, shall stand closed.

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SD/- P. CH.^{NAGABHUSHAMBA} ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to SRI^{K.PRATIK REDDY, Advocate'IOPUC]}

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One CC to SRI^{C.SUNILKUMAR REDDY,(SC FORTSSRTC) [OPUC]}

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Two CD^CoPies,

BSK LS

HIGH COURT

DATED:0910912024

ORDER WP.No.27009 of 2013

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CLOSING THE WRIT PETITION WITHOUT COSTS

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M/s Shivani Engineering Industries v. Andhra Pradesh State Road Transport

Case brief

What is this about?

What did the court decide?

M/s Shivani Engineering Industries v. Andhra Pradesh State Road Transport

Case brief

What is this about?

What did the court decide?

What the court decided

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