SHYAM SEL & POWER LIMITED THRO AUTHORISED PERSON & 1 Vs. STATE OF GUJARAT THROUGH SECRETARY & 1

JUDGEMENT

(1.) IN present petition under Articles 226, 14 and 19(1) (g) of the Constitution of India. The petitioner has prayed for below mentioned relief:

(2.) UPON considering the petitioner's submissions the Court directed the office, vide order 22.03.2012, to issue Notice making it returnable on 28.03.2012 and by way of ad -interim arrangement, the respondent Corporation was restrained from encashing the bank guarantee. The respondent Corporation has claimed, inter alia, that the contract between the petitioner and the respondent is not a statutory contract but the contract is purely in realm of private law without any public law element. It is also claimed that the respondent has not acted against any statutory provision and any statutory or legal right is not affected and all that is challenged is the decision of imposing penalty in accordance with the terms of the contract. The substance of the objections of the respondent is that a petition invoking provisions under Articles 14, 19(1)(g) and 226 of the Constitution of India is not maintainable since the petition involves private and commercial dispute.

(3.) IN response to the Notice, the respondent Corporation entered appearance and has opposed the petition by filing reply affidavit raising contentions against maintainability of petition as well as disputing the allegations and contentions raised by the petitioner. In turn, the petitioner has filed additional affidavit and a rejoinder affidavit.