Writ Jurisdiction in Contractual Arena II / The Revival of Ray LXXXVIII


In Banchhanidhi Rath v. State of Orissa, (1972) 4 SCC 781 this Court declared, if a right is claimed in terms of a contract such a right cannot be enforced in a Writ Petition. In Har Shankar v. Dy. Excise and Taxation Commr., (1975) 1 SCC 737 a Constitution Bench of this Court observed, Writ Petition is not an appropriate remedy for impeaching contractual obligations.

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After a contract is entered into, there can be a variety of circumstances, which may provide a cause of action to a party to seek relief by filing a Writ Petition. Whether a Writ Petitioner must be told off, would depend upon, most importantly, whether there are disputed questions of fact, resolution of which is necessary as an indispensable prelude to grant of relief sought.

Hon’ble Justice K.M. Joseph, M.P. Power Management Company Limited, Jabalpur v. M/s. Sky Power Southeast Solar India Private Limited,  [Special Leave Petition (Civil) Nos. 4609-4610 OF 2021].



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