TaxTMI 
TaxTMI 
2022 (9) TMI 1659
X X X X Extracts X X X X
X X X X Extracts X X X X
....s absolutely no reason for not honouring the bills and that, in the fitness of things, "he leaves certain things to the wild imagination of the Court". 2. After service of notice, the respondent Government & the director of Tourism Department have entered appearance through the learned AGA. Similarly, the second respondent-Tourism Corporation is represented by its Sr. Panel Counsel. The respondents resist the writ petition contending that: disputed facts are involved and therefore, writ remedy is not suitable; matter is contractual in nature and therefore, petitioner should be relegated to civil remedy; there is an Arbitration Clause and therefore, Writ Court cannot interfere. So contending, they seek dismissal of the writ petition. 3. Ha....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rative law. The mandate for fairness in the public functions will fail, if the functionaries do not keep in view the angle of justice to the aggrieved. A view to the contra, would defeat the broad delineation of writ remedies constitutionally internalized freeing the system from the shackles of traditional English Law of Writs. It is gainful to recall what Justice Oliver Wendell Holmes, a century ago had said in DAVIS vs. MILLS, 194 U.S. 451 (1904): "Constitutions are intended to preserve practical and substantial rights, not to maintain theories ..." (c) Petitioner having accomplished the work in question, had submitted the remaining bills to the second respondent-Corporation, earlier bills having already been honoured way back in July,....
X X X X Extracts X X X X
X X X X Extracts X X X X
....en completed satisfactorily; the structure has been handed to the Corporation already; a sum of Rs. 1, 46, 56, 901/-having been remitted to the petitioner, the last bill amount of Rs. 34, 85, 179/-needs to be paid, the said bill having been authenticated by the departmental architect. Therefore, he had sought for release of the said amount to the Corporation so that, the same would be utilized for paying the pending bill. The said Letter reads as under: (f) Nothing happened either with the Government or Corporation so far as the claim for payment of the bills and therefore, petitioner sent the representation dated 08.02.2018 complaining that despite lapse of ten months from the date the building was inaugurated, not even a leaf is turned. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....er, such an apparently unsustainable stand could not have been taken by the respondent-Corporation which is an instrumentality of the 1st Respondent-Government in the light of R D SHETTY vs. INTERNATIONAL AIRPORT AUTHORITY OF INDIA, AIR 1978 SC 1628. It hardly needs to be stated that the 'State' and its instrumentalities should conduct themselves as model litigants than to tread on lose soil of technical objections. (h) The vehement contention of learned AGA appearing for the Government and the learned Panel Counsel appearing for the Corporation that there is an Arbitration Clause and therefore, petitioner should be relegated to arbitration, cannot be countenanced for obvious reasons: firstly, question of invoking arbitration claus....
X X X X Extracts X X X X
X X X X Extracts X X X X
....provisions contained in the 1996 Act, and the principal object behind the Act is to resolve dispute between rival parties through different modes including arbitration. Since the 1996 Act does not define the expression 'dispute', this Court has to fall upon the dictionary meaning of the said expression which is as follows: Black's Law Dictionary, 5th edition, page 424 defines 'dispute' as under "to argue about, to contend ... words; an argument; a debate; a quarrel". Cambridge Dictionary defines 'dispute' as under: "a disagreement or argument between two people, groups or countries."Collins' Dictionary defines 'dispute' as under: "A dispute is an argument or disagreement between people or groups." 9....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ules promulgated thereunder. There are sufficient elements of public law. A contract to which State is a party, does not create an island completely immune from judicial review under Article 226 & 227. (k) This is a fit case for levy of exemplary costs for the ill-treatment meted out to the scrupulous citizen who had done the work for the State entities. A message should loudly go to the quarters that be, that the courts would not tolerate indolence on the part of public bodies when interest of the citizen is put to peril. Both the sides having been heard even on this aspect of the matter, this court is of the considered opinion that the second respondent-Corporation should be saddled with a cost of Rs. 2, 00, 000/-payable to the petitione....