1. The principal contention of the Petitioners is that the Opposite Parties have arbitrarily changed the conditions of the contract and are acting contrary thereto in seeking to withdraw the earlier commitment to pay the GST amount under the contract in question.
2. Relying on the judgment in ABL International Ltd. v. Export Credit Guarantee Corporation of India Ltd., (2004) 3 SCC 553, Mr. G. Rath, learned counsel appearing for the Petitioners, insists that the writ petition is maintainable.
3. Subject to question of maintainability, issue notice to the Opposite Parties.
4. Opposite Party No. 4 is not a necessary party to the present dispute and is accordingly deleted. The amended cause title be filed within one week.
5. Notice be issued to the Opposite Party No. 1 to 3 by Registered Post/Speed Post with A.D. making it returnable by the next date. Requisites be filed within a week. Tracking report be placed on record by the next date.
6. List after twelve weeks.
I.A. No. 15659 of 2021
7. All actions taken by the Opposite Parties in the meanwhile will be the subject to the outcome of the writ petition. The application is disposed of.
8. An urgent certified copy of this order be issued as per rules.