Smriddh International Petitioner v. Union Of India And Others S

MAHESH GROVER, J.

The petitioner has invoked the jurisdiction of this Court alleging that a contract issued in his favour has been cancelled without any reason.

On due consideration of the matter and applying the first principles of law, I am of the opinion that the writ petition deserves to be dismissed as the dispute emanates from a contract and is likely to give rise to disputed questions of fact which can be determined on the basis of evidence that may be produced either of the parties to substantiate the case. Reliance has been placed on the judgment ABL International Ltd. v. Export Credit Guarantee Corporation of India Limited2004 (3) SCC 553 which in the opinion of this Court does not in absolute term lays down that every writ petition in which a disputed question of fact is involved has to be entertained, and rather it only enhances the observation of this Court which has been made above that where serious disputed questions of fact are involved the same can be only resolved through the leading of evidence. An agreement/contract, its violation, its consequences and ensuing liabilities are matters which lead to an eruption of disputed questions of fact and ordinarily should be left to the civil court.

Dismissed.