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1 - 3 of 3 (0.16 seconds)Abl International Ltd. & Anr vs Export Credit Guarantee Corportion Of ... on 18 December, 2003
11 It appears that one of the grounds raised by the appellant in
the present case relates to whether the High Court has correctly
exercised its discretion in entertaining the subject writ petitions.
Although this ground was initially raised by the appellant before
the High Court, it appears that it was not pressed at the time of
final hearing, as recorded in the impugned judgment.
12 It is worth noting that this Court has already held that in
4
matters pertaining to a state instrumentality, a writ may be
maintainable in matters concerning contractual 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 Corpn. 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
appropriate, due to the peculiar facts and circumstances of the
present case. The present matter pertains to a tender that was
awarded by the appellant to EMTA nearly twenty years ago, in the
year 2002. The CAG report that appears to have been the starting
point for the entire dispute between the parties is dated March,
2013, close to a decade back. In such circumstances, to even
advert to arguments on the maintainability of the writ petitions
would be unjust to the parties involved.
Joshi Technologies International Inc vs Union Of India & Ors on 14 May, 2015
11 It appears that one of the grounds raised by the appellant in
the present case relates to whether the High Court has correctly
exercised its discretion in entertaining the subject writ petitions.
Although this ground was initially raised by the appellant before
the High Court, it appears that it was not pressed at the time of
final hearing, as recorded in the impugned judgment.
12 It is worth noting that this Court has already held that in
4
matters pertaining to a state instrumentality, a writ may be
maintainable in matters concerning contractual 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 Corpn. 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
appropriate, due to the peculiar facts and circumstances of the
present case. The present matter pertains to a tender that was
awarded by the appellant to EMTA nearly twenty years ago, in the
year 2002. The CAG report that appears to have been the starting
point for the entire dispute between the parties is dated March,
2013, close to a decade back. In such circumstances, to even
advert to arguments on the maintainability of the writ petitions
would be unjust to the parties involved.
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