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TMI Blog2005 (11) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... d of three months from the date of order with default stipulation that in case of non-payment the amount shall carry interest @ 12% p.a. after three months. The writ petition filed by respondent no. 1 was accordingly allowed. 2. Background facts as projected by the writ petitioner in a nutshell are as follows: Appellant-Corporation for disposal of its unserviceable machineries/equipments and other scrap materials called for successive tenders on three different dates, but because of low offers cancelled them and the respondent no. 1 writ petitioner on all these occasions was a tenderer. On the last occasion the writ petitioner offered price of Rs. 4,950 per metric tonne. However, ultimately on negotiation his offer of a lump sum of Rs. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the various letters of the writ petitioner about such deficiencies sent on different dates, the Corporation by letter dated 2.3.1994 directed the writ petitioner to deposit the balance price amounting to Rs. 40,16,000 within a period of fifteen days. The writ petitioner by his letter dated 27.4.1994 gave details of articles which were found missing and also stated that although he had deposited Rs. 14,84,000 which included earnest money, it could take delivery of goods only worth Rs. 3,75,000, since rest of the materials could not be lifted because of inaction of the functionaries of the Corporation. As no positive response was received, writ petition was filed. 3. The appellant-Corporation filed a counter-affidavit taking the stand that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is difficult one to be fulfilled, even the party makes his best effort for the same to lift the same. Availability of stock at such distant places is itself a factor to create bottleneck in many ways to get them lifted from their respective places. Be that as it may, from the allegation and counter allegation of the parties the mercantile cordiality is broker and it will be difficult to join the thread even if we direct. Therefore, we feel it appropriate to consider the petitioner's prayer for the refund of his amount which will be rather a just relief the petitioner may be entitled to get in equity.'' 4. The High Court also noted that though it was pleaded that articles worth nearly rupees 14.90 lakhs were lifted, there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effort was made to arrive at a compromise by the Corporation apprehending non success in the appeal. That itself is a ground to dismiss the appeal. 7. By way of clarification, learned counsel for the appellant-Corporation brought on record correspondences between the writ petitioner and the appellant-Corporation. It appears that to sort out the controversy the Corporation wanted to explore the possibility of a settlement. But the writ petitioner made a claim of rupees 18.46 lakhs which include the following amounts: 1. Amount as per order of High Court of Orissa Rs. 8.50 lakhs 2. Interest accrued thereon Rs. 6.12 lakhs 3. Security Money (EMD) Rs. 2.75 lakhs 4. Additional Deposit Rs. 1.09 lakhs Rs. 18.46 lakhs He did not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the action of the opposite party in the writ petition amounted to breach of contractual obligation ultimately depends on facts and would require material evidence to be scrutinized and in such a case writ jurisdiction should not be exercised. (See: State of Bihar v. Jain Plastic and Chemicals Ltd., [2002] 1 SCC 216). 9. In a catena of cases this Court had held that where dispute revolves round questions of fact, the matter ought not be entertained under Article 226 of the Constitution. (See: State Bank of India and Ors. v. State Bank of India Canteen Employees' Union and Ors., [1998] 5 SCC 74, Chairman, Grid Corporation of Orissa Ltd. (GRIDCO) and Ors. v. Sukamani Das (Smt.) and Anr., [1999] 7 SCC 298). 10. In the instant case the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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