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2023 (11) TMI 548 - KERALA HIGH COURTMaintainability of petition - contract for the execution of the electrical works regarding the augmentation of the power system in Government Medical College, Kozhikode - HELD THAT:- The question whether the appellant is entitled to be paid GST @12%/18% on the contract amount received or not is a disputed question of fact which cannot be decided in a writ petition filed under Article 226 of the Constitution of India. The determination of the said question includes the interpretation of the terms of the contract entered into between the appellant and the respondents. Such an exercise cannot be undertaken by the writ court. The remedy open to the appellant is to approach the civil court as rightly held by the learned Single Judge - there are no illegality or impropriety in the judgment impugned. The writ appeal is dismissed.
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