NOBLE RESOURCES LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) Whether a writ petition is maintainable in contractual matter is the core question involved in this appeal which arises out of a judgment and order dated 14.09.2004 passed by a Division Bench of the Orissa High Court in Civil Writ Petition No.1463 of 2004 whereby and whereunder the writ petition filed by the Appellant herein was dismissed.

(3.) Admittedly, the parties entered into a contract in terms whereof the Respondent No.2 herein was to supply 1, 20, 000 MT + / -10% each of Grade A, Grade B and Grade C iron ore fines by September 2003. On or about 28.02.2003, the parties also agreed that the supply of full tender quantity would be made in the sequence of C, B and A Grades iron ore fines at the prices offered by the Appellant. Indisputably, the Appellant disclosed the names of the parties with which it had entered into agreements to supply iron ore fines procured from the said Respondent. There is no dispute that supply of C-Grade iron ore fines had been made by the Respondent No.2. Indisputably, again supply of 64, 236 MT of Grade-B iron ore fines had also been made. It is furthermore not in dispute that the Respondent No.2 offered 25, 000 MT of Grade-A iron ore fines to the Appellant herein which was not accepted.