https://www.taxtmi.com/caselaws?id=299235 Writ jurisdiction remained available despite the contractual setting because the challenge targeted allegedly arbitrary State action, and consequential monetary relief was also maintainable. KPCL could not unilaterally deduct amounts or demand reimbursement of reject cost solely on the basis of a CAG report where the contracts did not authorise such deduction, the coal supplied met contractual parameters, and liability had not been adjudicated. Unliquidated damages do not become recoverable as a debt until assessed by a competent authority, so the unilateral recovery was held arbitrary and unsustainable; the impugned communications were quashed and reimbursement of deductions was directed. en-us Thu, 24 Mar 2016 00:00:00 +0530 Tue, 07 Dec 2021 20:23:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299235 Writ jurisdiction remained available despite the contractual setting because the challenge targeted allegedly arbitrary State action, and consequential monetary relief was also maintainable. KPCL could not unilaterally deduct amounts or demand reimbursement of reject cost solely on the basis of a CAG report where the contracts did not authorise such deduction, the coal supplied met contractual parameters, and liability had not been adjudicated. Unliquidated damages do not become recoverable as a debt until assessed by a competent authority, so the unilateral recovery was held arbitrary and unsustainable; the impugned communications were quashed and reimbursement of deductions was directed. Case-Laws Indian Laws Thu, 24 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299235