TMI Blog2016 (4) TMI 1389X X X X Extracts X X X X X X X X Extracts X X X X ..... act, counsel for the IOC has stated that whatever outsourcing agreements executed were without the permission of IOC. Be that as it may, under no condition the petitioner can claim any relief against IOC, particularly in facts of the present case. Firstly, the entire issue is in realm of contractual relations. Secondly, large number of disputed questions of facts are involved. Thirdly, there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent No.1 Indian Oil Corporation for completing the residual work, for which, contract was awarded to the respondent No.2 agency. The petitioner has also prayed for a direction to the IOC to release the payments in favour of the petitioner in respect of work done, but for which, the payment has not been released. 2. Having heard learned counsel for the parties, it appears that the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er can claim any relief against IOC, particularly in facts of the present case. Firstly, the entire issue is in realm of contractual relations. Secondly, large number of disputed questions of facts are involved. Thirdly, there is no privity of contract between the petitioner and the IOC. It is difficult to understand how the petitioner can prevent the IOC from readvertising the contract or claimin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment for the delivered steel from the Government. In case of State of Kerala and others v. M.K. Jose reported in (2015) 9 SCC 433, even while taking note of the decision of the Supreme Court in case of ABL International Limited v. Export Credit Guarantee Corpn. of India Ltd., reported in (2004) 3 SCC 553 holding that even in contractual matters, writ petition may in a given exceptional case still ..... X X X X Extracts X X X X X X X X Extracts X X X X
|