Supreme Court · 2001 INSC 577 · Decided 21 November 2001
State of Bihar and ORS. v. Jain Plastics and Chemicals LTD.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 577 · [2001] SUPP. 5 S.C.R. 313
- Case number
- CIVIL APPEAL No. 7932/2001
- Decided
- 21 November 2001
- Bench
- M.B. SHAH, B.N. AGRAWAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226
Headnote
Constitution of India, 1950-Article 226--Contract-Breach of-Writ petition for enforcing a contractual obligation-Held, writ is not the proper proceeding for adjudicating contractual obligations-Proper remedy is adju­ dication of dispute on the basis ~f evidence by .filing a civil suit. There was certain delay on the part of the respondent-company to snpply the fittings. Conseqnently, appellants ter­ minated the contract and pnrchased the fittings at a higher price. Thereaf­ ter, while making the final payment to the respondent, the appellants dedncted the extra
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