2016 (9) TMI 1156

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....mar Srivastava, S.D. Singh, Ashish Agarwal For the Respondent : R.K. Shukla, Sr. S.C., P.K. Tripathi, R.C.Shukla ORDER 1. Heard Sri Ashish Agarwal, learned counsel for petitioner and Sri P.K. Tripathi, Advocate, for respondents. 2. Sri Ashish Agarwal, learned counsel for petitioner, at the outset, stated that Prayer (i) has rendered infructuous by efflux of time. 3. With respect to ....

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....t would not become statutory simply because it is for construction of a public utility and it has been awarded by a statutory body. A statute may expressly or impliedly confer power on a statutory body to enter into contracts in order to enable it to discharge its functions. Disputes arising out of the terms of such contracts or alleged breaches have to be settled by the ordinary principles of law....

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....in a petition under Article 226 of the Constitution. The Court further said: "That is a matter for adjudication by a civil court or in arbitration if provided for in the contract. Whether any amount is due and if so, how much and refusal of the appellant to pay it is justified or not, are not the matters which could have been agitated and decided in a writ petition." 5. Following the a....

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....ved as under: "2. We are of the view that, in a matter of this nature which pertains to alleged non-payment of dues under a contract for supply of goods, it would neither be prudent nor judicious for this Court, in exercise of its jurisdiction under Article 226 of the Constitution, to grant relief, which is in substance, is a prayer for a money decree. These matters, it must be emphasized....