Sakunjay Vyas
Published on : March 02, 2022 15:50 IST
The Two Judge Bench of Justice M. R. Shah and Justice B. V. Nagarathna of Supreme Court overturned a Bombay High Court, Nagpur bench order that had made the Municipal council to accept goods which were not being accepted in pursuant to the government resolution passed regarding the suspension of the work order till further orders.
The Supreme Court recently ruled that no writ of mandamus could be issued virtually granting the writ for specific performance of the contract/work order in a writ petition under Article 226 of the Constitution of India.
The Two-Judge Bench of Justice M. R. Shah and Justice B. V. Nagarathna were hearing an appeal against a Bombay High Court, Nagpur bench order that had set aside the action of the Municipal Council, where in pursuant of the government resolution, the council had canceled the work order till further orders.
The Apex Court was stunned to note, the High Court while setting aside a Government’s resolution has not at all appreciated the reasons for suspending/canceling the work order till further orders, that too without having any information on record regarding the manufactured goods in question, on hearing the side of the council it was found that no manufactured goods readily available which can be supplied to the appellant, whether they were manufactured as per the specifications or not became a disputed question of fact.
“In absence of any evidence and material on record and there being disputed questions of facts the High Court ought not to have passed the impugned judgment and order directing the Council to continue the work order…” the Court said.
The respondent argued that since the goods were manufactured two years ago, they were dismantled for proper storage and maintenance.
The respondent also requested some time to be granted so as to reassemble the goods in question and be supplied. The Supreme Court directed the original writ petitioners to initiate appropriate proceedings before Civil Courts for the damages/losses, if any.
“However, it is made clear that this shall not preclude the original writ petitioners in initiating appropriate proceedings before the civil court for the damages/losses, if any suffered by them, which may be considered in accordance with law and on its own merits and on the basis of the evidence to be led.” the Court said.
As a result, the Apex Court overturned the Bombay High Court, Nagpur bench order that had made the Municipal Council to accept goods which were not being accepted in pursuant to the Government’s resolution passed regarding the suspension of the work order till further orders.