Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender - Risk and Cost Tender - Construction of Rail Over-Bridge |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | CONTRACT:Tender - Risk and Cost Tender - Construction of Rail Over-Bridge - Tender of respondent-company accepted and agreement entered into between the parties - Changes in design thereafter whereby Viaduct had to be extended involving additional cost - Respondent-company declining to take up the construction work of extended Viaduct which was not covered in agreement and for which a separate tender was floated - Railways directing the Company to carry out the complete work including the additional work - Held: The work relating to construction of Rail Over-bridge after the revised design consisted of two parts, one which the respondent-company was executing and the other to be executed by a different contractor - Respondent-company has satisfactorily explained its position regarding its offer being confined only to the balance work of the original tender and not to the extended work- To proceed on the basis that the respondent- company was willing to undertake the entire work at the old rates was an error of judgement and the termination of, the contract in relation to original Tender on the basis of said supposition was unjustified and was rightly set aside by the Single Judge of the High Court, which order was affirmed by the Division Bench. CONSTITUTION OF INDIA, 1950: Articles 226 and 32 - Writ petition - Maintainability of in view of the plea of alternative remedy -Held : An alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court - Constitutional powers vested in the High Court or the Supreme Court cannot be fettered by any alternative remedy- Injustice, whenever and wherever it takes place, has to be struck down as an anathema to the rule of law and the provisions of the Constitution - The Court endorses the view of the High Court that notwithstanding the provisions relating to the Arbitration Clause contained in the agreement, it was fully within its competence to entertain and dispose of the writ petition filed on behalf of the respondent company - Contract - Alternative remedy. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2011 INSC 308 |
Petitioner | Union Of India & Ors. |
Respondent | Tantia Construction Pvt. Ltd. |
SCR | [2011] 5 S.C.R. 397 |
Judgement Date | 2011-04-18 |
Case Number | 18974 |
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