R And B Infra Projects Ltd v. Jawaharlal Nehru Port Aurhtority

14-wp-6198-2024.doc Vina Khadpe

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6198 OF 2024 R.B. Infra Project Limited

...Petitioner

Versus

Digitally signed by VINA ARVIND KHADPE Date:

2024.05.08 14:33:08 +0530 VINA ARVIND KHADPE Jawaharlal Nehru Port Authority

...Respondent

---------- Mr. Sandeep Maurya a/w Mrs. Simram Vishwakarma for the Petitioner.

Mr. Saket Mone a/w Mr. Devansh Shah i/v. Vidhi Partners for the Respondent - JNPT.

---------- CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 6TH MAY, 2024.

P. C. :

1.

The challenge raised in this Writ Petition is to the notice of termination dated 11th April, 2024 that has been issued by the Respondent terminating the contract allotted to the Petitioner on 2nd November, 2022. On this notice of termination being served upon the Petitioner, it issued letter dated 12th April, 2024 to the Respondent. In the said communication, the Petitioner has invoked clause Nos.24 and 25 of tender document (wrongly numbered as 65). 1/2

14-wp-6198-2024.doc The said clauses provide for the manner in which disputes can be resolved.

2.

In the light of there being a dispute resolution mechanism which has already been invoked by the Petitioner, we are not inclined to entertain the Writ Petition under Article 226 of the Constitution of India. Keeping all remedies of the Petitioner's open, the Writ Petition is disposed of as not entertained.

[JITENDRA JAIN, J.] [A.S. CHANDURKAR J.] 2/2