MUNICIPAL COMMITTEE KATRA Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The appellants seek to challenge the common judgment and final order dtd. 30/9/2015 passed by learned Division Bench of Jammu and Kashmir High Court in LPAOW No. 20 of 2015 preferred by the appellants for assailing the order dtd. 20/2/2015 passed by the learned Single Judge in OWP No. 1199 of 2013; and in LPAOW No. 21 of 2015, filed by the respondent seeking modification of the order dtd. 20/2/2015. The learned Division Bench disposed of the LPAOW No. 20 of 2015 preferred by the appellants, whereas the cross-appeal preferred by the respondent being LPAOW No. 21 of 2015 was dismissed.

(2.) The brief controversy presented for adjudication in these appeals is whether the High Court in exercise of writ jurisdiction, was entitled to entertain a dispute which was purely civil in nature filed for claiming monetary relief/damages arising from fallout of contractual obligations.

(3.) Brief facts relevant and essential for disposal of these appeals are that the appellant-Municipal Committee, Katra issued a Notice Inviting Tender (hereinafter being referred to as 'NIT') dtd. 3/3/2010 inviting bids for supply of mules and mazdoors essentially involved in transportation of pilgrims from the base camp at Katra to holy shrine of Mata Vaishno Devi, atop the Trikuta hill. Several bids were received in response to the said NIT. The respondent herein was the second highest bidder, who subsequently became the highest bidder, as Shri Pritam Das, the original highest bidder did not come forward to execute the contract. Accordingly, the contract came to be offered to the respondent who accepted the offer so given. The tenure of the contract as per NIT was from 1/4/2010 till 31/3/2011. In terms of Clause-8 of the NIT, the successful bidder was required to deposit 40% of the bid amount within 24 hours from the time of acceptance, i.e. on or before 31/3/2010. It was also enjoined upon the bidder to deposit 5 post dated cheques along with bank guarantee to secure the amount for remaining tenure of the contract period.