CHIEF GENERAL MANAGER, TELECOM AND ORS. versus V.N. ENTERPRISES

CHIEF GENERAL MANAGER, TELECOM AND ORS. versus V.N. ENTERPRISES

Disputed contractual claims against a statutory authority are to be adjudicated by regular suit in civil court; writ jurisdiction should be exercised only for undisputed sums. In this case, a sum of Rs. 23 lacs being undisputed, was ordered to be paid; balance claim to be pursued in civil court.

Parties
Appellant: Chief General Manager, Telecom and Ors.; Respondent: V.N. Enterprises
Jurisdiction
India
Judgment Date
17 August 1995
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeal disposed of; High Court order modified
Legal Topics
Statutory Authority, Outstanding Bills, Remedies for Disputed Contract Claims, Suit and Writ Jurisdiction
Constitutional Law Contract Law Statutory Authority Outstanding Bills Remedies for Disputed Contract Claims Suit and Writ Jurisdiction

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Parties

Chief General Manager, Telecom and Ors.

Appellant

V.N. Enterprises

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether a writ petition is maintainable for recovery of disputed contractual amounts from a statutory authority
  2. 2 Whether the High Court was justified in ordering payment of outstanding contractual sum under writ jurisdiction

Ratio Decidendi

Disputed contractual claims against a statutory authority are to be adjudicated by regular suit in civil court; writ jurisdiction should be exercised only for undisputed sums. In this case, a sum of Rs. 23 lacs being undisputed, was ordered to be paid; balance claim to be pursued in civil court.

Court Disposition

Appeal disposed of; High Court order modified

Orders

  • Appellants to pay without prejudice Rs. 23 lacs to respondent toward part clearance of outstanding bills
  • High Court order confined to payment of Rs. 23 lacs