Constitution of India – Article 226 – Maintainability of Writ petition in Contractual Matters – Writ Court does not have the expertise in respect of measurements or construction of roads.
The dispute could not be raised by way of a writ petition on the disputed questions of fact. Though, the jurisdiction of the High Court is wide but in respect of pure contractual matters in the field of private law, having no statutory flavour, are better adjudicated upon by the forum agreed to by the parties. The dispute as to whether the amount is payable or not and/or how much amount is payable are disputed questions of facts. There is no admission on the part of the appellants to infer that the amount stands crystallized. Therefore, in the absence of any acceptance of Joint Survey Report by the competent authority, no right would accrue to the writ petitioner only because measurements cannot be undertaken after passage of time. Maybe, the resurvey cannot take place but the measurement books of the work executed from time to time would form a reasonable basis for assessing the amount due and payable to the writ petitioner, but such process could be undertaken only by the agreed forum i.e., arbitration and not by the Writ Court as it does not have the expertise in respect of measurements or construction of roads. [Para 24]
Case Law Reference
- Joshi Technologies International Inc v. Union of India, (2015) 7 SCC 728
- Kerala State Electricity Board v. Kurien E. Kalathil, (2000) 6 SCC 293
- Divl. Forest Officer v. Bishwanath Tea Co. Ltd., (1981) 3 SCC 238
- Premji Bhai Parmar v. DDA [(1980) 2 SCC 129
- Radhakrishna Agarwal v. State of Bihar, (1977) 3 SCC 457
For Appellant(s) Mr. Udai Khanna, Adv. Mr. Arvind Kumar Sharma, AOR For Respondent(s) Mr. Yoginder Handoo, AoR Mr. P. Yobin, Adv. Mr. Ashwin Kataria, Adv.
Hon’ble Mr. Justice Hemant Gupta pronounced the reportable judgment of the Bench comprising His Lordship and Hon’ble Mr. Justice A.S. Bopanna.
Civil Appeal No(s). 4981/2021
Citations : AIR 2021 SC 4187