M/S. Industrial Security Services Thr. Proprietor, Basdeosingh Mukhtyarsingh Sogarwal v. Nagpur Metro Rail Corporation Ltd. Thr. Managing Director

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Writ Petition No.510 of 2017 [M/s. Industrial Security Services Vs. Nagpur Metro Rail Corporation Ltd.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. B.G. Kulkarni, Adv., for the petitioner. Mr. S. K. Mishra, Sr. Adv., with Mr. K.L. Deogade, Adv., for respondent sole.

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CORAM

:

B.R. GAVAI AND A. S. CHANDURKAR, JJ.

DATE :

29th March, 2017 The petitioner challenges the termination of contract vide order dated 18th January, 2017. Normally, the Court is required to be very slow in interfering in contractual matters. It is a settled law that in termination of contract, a party has always an alternate remedy to sue for compensation and damages if he is in a position to point out that he has suffered

damages on account of wrongful termination of contract. Be that as it may, the Court has protected the petitioner by an order dated 25th January, 2017 by granting an order of status quo. The order of status quo is continued till today, i.e., 29th March, 2017. The contract is likely to end after a period of forty-eight hours, i. e. on 31st March, 2017. We would not like to upset the position which has continued from 27th January, 2017 till 28th March, 2017, only for a period of forty-eight hours.

Therefore, normally, though we would not have entertained the request for interim order of stay of termination of contract, on account of a long-standing position which has continued from 25th January, 2017 till today, we continue the status quo till the midnight of 31st March, 2017. The order of status quo shall come to an end on the midnight of 31st March, 2017.

The Writ Petition stands disposed of.

Judge Judge.

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