M/S MANOJ SUPPLIERS v. UNION OF INDIA AND 3 OTHERS
WRIC/25785/2025 · 2025-08-11
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82308 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82308 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136503-DB Court No. - 21 Case :- WRIT - C No. - 25785 of 2025 Petitioner :- M/S Manoj Suppliers Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rohit Nandan Pandey Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The petitioner has assailed a notice dated 16.07.2025 issued by Senior Divisional Engineer/IV, North Central Railway, Prayagraj, on behalf of the President of India terminating the Contract Agreement No. NCR/ALD/Civil/2024/0221 dated 09.11.2024. The action has been taken in terms of Clause 62 of Standard General Conditions of Contract on ground that despite 48 hours notice given earlier the petitioner contractor had failed to show adequate progress of work. By the same notice, the petitioner has been called upon to remain present for final measurement on 10.08.2025, failing which exparte final measurement would be carried out.
2. Learned counsel for the petitioner submits that in fact, the respondent - department, has failed to abide by the obligations imposed upon it under the contract. The site at which work has to be carried out, was not clear from obstructions and no shut down was done and consequently, the petitioner could not complete the work.
3. Sri Vivek Kumar Singh, learned Senior Panel Counsel for Union of India, submits that under the general conditions of contract there is provision for arbitration and in case, the petitioner
is aggrieved by the termination of the contract, it is open to the petitioner to avail the said remedy.
4. The issue raised by the petitioner, as regards alleged violation of the terms and conditions of the contract by the respondent - department, requires a factual inquiry and which we decline to undertake in exercise of writ jurisdiction, particularly, in view of the fact that the petitioner also has remedy to seek arbitration under the Standard General Conditions of Contract.
5. The writ petition is, accordingly, disposed of with liberty to the petitioner to avail the said remedy or such other remedy, as may be advised. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 12.8.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad