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TMI Blog2014 (5) TMI 1163X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner seeks in these proceedings under Article 226 of the Constitution a money decree for the payment of an amount of Rs..3,50,000/- with interest at 18 % per annum for the work performed under a contract of the year 2000-01. This is a purely contractual matter and we are not inclined to entertain a petition under Article 226 of the Constitution in this regard. Whether the work under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to be settled by the ordinary principles of law of contract. The Supreme Court further observed that even if a Statute expressly or impliedly confers powers on a statutory body to enter into a contract in order to enable it to discharge its functions, such an activity will not raise any issue of public law. The contract between the parties would remain in the realm of private law and would not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the High Court that since the obligations imposed by the contract on the contracting parties come within the purview of the Contract Act, that would not make the contract statutory. Clearly, the High Court fell into an error in coming to the conclusion that the contract in question was statutory in nature. 11. A statute may expressly or impliedly confer power on a statutory body to enter into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contract between the parties is in the realm of private law. It is not a statutory contract. The disputes relating to interpretation of the terms and conditions of such a contract could not have been agitated in a petition under Article 226 of the Constitution of India. That is a matter for adjudication by a civil court or in arbitration if provided for in the contract. Whether any amount is due ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tract. The remedy of the contractor, if he is aggrieved by non-payment, would be to either file an ordinary civil suit or if there is an arbitration agreement between the parties, to invoke the terms of the agreement. Recently, this Bench in M/s R.S. Associate Vs. State of U.P. & Ors. (Writ-C No.11544 of 2014, decided on 24 February 2014) declined to entertain a petition which had been filed for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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