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M/S.Gas Authority Of India Ltd. Through ... vs M/S.Indian Petrochem.Corp.Ltd. ... on 8 February, 2023 cites

Abl International Ltd. & Anr vs Export Credit Guarantee Corportion Of ... on 18 December, 2003

private contract. The transportation charges were alleged to have a discriminatory effect as IPCL was being treated on par with consumers who were using the HBJ pipeline, whereas IPCL was transporting the gas through its own pipelines. That being the plea, it was urged that the writ jurisdiction was the appropriate remedy as there were questions of arbitrary state action violating the mandate of Article 14. This was notwithstanding the fact that the issue arose from a contract between the parties, as was also the case in ABL International Ltd. & Anr. v. Export Credit Guarantee Corporation of India & Ors.5 It is in these circumstances that the High Court exercised its writ jurisdiction notwithstanding the availability of an alternative remedy, i.e. the arbitration clause or through the civil suit. ABL International6 was also relied on to show that consequent monetary relief could be granted where such a writ petition was successful.
Supreme Court of India Cites 20 - Cited by 1154 - Full Document

Joshi Technologies International Inc vs Union Of India & Ors on 14 May, 2015

11. At the outset, Mr. Tushar Mehta, learned Solicitor General, appearing for GAIL, contested the very maintainability of the writ petition filed by IPCL. He contended that the parties had provided for arbitration before the Permanent Machinery of Arbitrators in the Bureau of Public Enterprises under Clause 13.1 of the contract. Further, the matter was stated to be purely contractual in nature, involving the enforceability and validity of the terms of the contract, and no case was made out for violation of Fundamental Rights. The presence of a public law element was a sine qua non for the exercise of writ jurisdiction, as elucidated in Joshi Technologies International Inc. v. Union of India & Ors. 1. The endeavour of IPCL, by invoking such writ jurisdiction, was alleged to be an attempt to bypass the law of limitation, as the contract had been signed way back in 09.11.2001. In any case, the writ petition was also barred by limitation, having been filed on 09.03.2006, i.e. after a period of five years.
Supreme Court of India Cites 36 - Cited by 393 - A K Sikri - Full Document
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