2022 (5) TMI 1648

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....ed by the Respondents herein. By way of the writ petitions, the Respondents had challenged the adverse decisions taken by the Appellant with respect to the arrangement regarding coal procurement entered into by the parties for the purposes of the Appellant's thermal power projects in the State of Karnataka. 2. A conspectus of the facts necessary for the disposal of the present appeal is as follows: the Appellant was allotted coal mines by the Union of India for captive consumption for their thermal power projects in the State of Karnataka. In 2002, M/s. EMTA Coal Limited (hereinafter, "EMTA") was selected to form a joint venture with the Appellant for the development of the mines, and the supply of coal to the said power projects. Afte....

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....rallelly, it appears that a dispute subsisted between the Respondents and the Appellant regarding certain deductions made by the Appellant on bills payable to KEMTA on account of washing charges which was based on the quantification by the CAG. The said deductions were challenged by the Respondents vide Writ Petition Nos. 2997 and 2998 of 2016 before the High Court of Karnataka whereby the Respondents additionally sought refund of Rs. 59.78 crores (Rupees Fifty Nine Crores Seventy Eight Lakhs) with interest at the rate of 18% p.a. from 30.06.2012. 6. The above writ petitions were heard together by the High Court of Karnataka. Vide the impugned judgment, the High Court of Karnataka allowed the said writ petitions and, inter alia, directed t....

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....ractual disputes in certain circumstances. While there is no bar on the maintainability of such writ petitions, the discretion lies with the High Courts as to whether to exercise the said jurisdiction or not. This Court has elaborately discussed the principles that must guide the High Courts while deciding whether to exercise their writ jurisdiction in contractual disputes between a State and a private party in a catena of judgments. [See ABL International Ltd. v. Export Credit Guarantee Corporation of India Ltd.,  (2004) 3 SCC 553; Joshi Technologies International Inc. v. Union of India,  (2015) 7 SCC 728] 13. However, we are not inclined to delve into the issue of whether the High Court's exercise of writ jurisdiction was a....