Even assuming that the learned counsel for the
petitioner is right in saying that one party to a contract is
not empowered to determine that the other party to the
contract has committed a breach, or to assess
damages/compensation which it is entitled to under the
contract, it only means that in such a case, the remedy
lies in approaching either the Arbitration Tribunal or the
Civil Court for appropriate relief. A writ petition, in any
event, is not a remedy available in such a situation.
15. For the above reasons, we are of the view that in
absence of any dispute raised by the petitioner
challenging the decision of recession of contract before
the competent authority, the respondent/State is
empowered to issue the demand for the loss suffered
either due to awarding of contract to other agency and as
per terms of the contract, the petitioner is liable to pay
the said amount. Thus, the action of the State is just and
proper. The writ petition filed by the petitioner has no
merit and is accordingly, dismissed.
Dated;13.02.2015
W. P.No.7505/2014
Shiv construction thru shiv Narayan pathak v public works department
Citation;AIR 2015 MP HC42
