Vub Engineering Pvt. Ltd. v. Kolhapur Municipal Corporation And ORS.

911-ASWP7088-19.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7088 OF 2019 VUB Engineering Pvt Ltd

...Petitioner

Versus

Kolhapur Municipal Corporation & Ors

...Respondents

Mr DA Nalawade, i/b Irvin D'Souza, for the Petitioner. Mr Abhijeet Adgule, for Respondents Nos. 1 to 4. Mr PP Kakade, Government Pleader, with Smt RA Salunkhe, AGP, for Respondent No. 5-State.

CORAM: S. C. DHARMADHIKARI & G.S. PATEL, JJ DATED: 26th June 2019 PC:- 1.

Having heard Mr Nalawade appearing for the Petitioner, we do not think that we should interfere in a purely contractual dispute. 2.

Having been awarded the contract, the Petitioner later on is complaining that it has been abruptly prevented from discharging the work. The work order subsists, according to the Petitioner but the public body is keen on getting the work done and performed through some other agency without rescinding or terminating the contract in favour of the Petitioner.

26th June 2019

911-ASWP7088-19.DOC 3.

Such a dispute is fully capable of being resolved in a Civil Court of competent jurisdiction. This Court ordinarily does not enter into such disputes even if the contracts are with a public body. 4.

The Petitioner having ample remedies to resolve the contractual dispute, we do not think we should interfere in our writ jurisdiction.

5.

The Writ Petition is dismissed.

(S. C. DHARMADHIKARI, J) (G. S. PATEL, J) 26th June 2019