M.A. Steel A Partnership Firm Thr Power Of Attorney Sohil Gulmohammad Shaikh ( Bhagwan) v. The Chief Officer

15-WP-10342-2024 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10342 OF 2024 M A Steel Shahnawaz Mohd Aziz Khan

...Petitioner

Versus

The Chief Officer Baramati Municipal Council

...Respondent

__________ Mr. Sushant Prabhune, for the Petitioner.

Ms. Neeta Patil and Sanket Chandane i/b. Mr. S.R. Nargolkar, for the Petitioner. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

5 MARCH 2025 P.C.:

1.

The grievance of the petitioner arises in regard to a contract which was awarded to the petitioner for collection of the scrap material by the respondent no.1. The issue as urged in the petition is squarely touching the contractual terms. It is a settled principle of law that once the contract is awarded which is supposed to be executed as per the terms and conditions, as agreed between the parties, namely the terms and conditions of the contract. In the present case the contract is substantially executed. In our opinion in such circumstances a recourse to a public law remedy ought not to be espoused by the petitioner.

2.

We accordingly dispose of this petition with liberty to the petitioner to take recourse to appropriate remedies as available in law for redressal of the petitioners contractual grievances. All contentions in that regard are expressly kept open.

3.

Petition is disposed of in the aforesaid terms. No costs. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Pallavi Wargaonkar, PS