Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Disputed question of facts Writ |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Writ – High Court – Jurisdiction of – Disputed question of facts relating to recovery of money – A Notice inviting tender was issued for construction and improvement of road – The bid of the writ petitioner was accepted and work order was issued – There was an arbitration clause in the contract for resolving disputes arising between the parties – The writ petitioner submitted a final bill and claimed a sum of Rs.23,68,11,589.02 – It was asserted that payment for amount claimed in the 18 running bills was already made, but in respect of 19 th and 20 th running bill, entries were made in the measurement book, however, the payment was not cleared – The final bill was returned unactioned and writ petitioner was informed that the payment up to 18 running bills had already exceeded the permissible approved amount including escalation payment – The claim was refused by the appellants – Writ petition filed by the petitioner was allowed by the Single Judge of the High Court and affirmed by the Division Bench of the High Court – On appeal, held: The dispute could not be raised by way of a writ petition on the disputed questions of fact – Though, the jurisdiction of the High Court is wide but in respect of pure contractual matters in the field of private law, having no statutory flavour, are better adjudicated upon by the forum agreed to by the parties – The dispute as to whether the amount is payable or not and/or how much amount is payable are disputed questions of facts – Such process could be undertaken only by the agreed forum i.e., arbitration and not by the Writ Court as it does not have the expertise in respect of measurements or construction of roads. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 448 |
Petitioner | Union Of India & Ors. |
Respondent | M/s Puna Hinda |
SCR | [2021] 9 S.C.R. 117 |
Judgement Date | 2021-09-06 |
Case Number | 4981 |
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