K V V CONSTRUCTIONS Vs. SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENTAL TAMIRABARANI BASIN CIRCLE WATER RESOURCE ORGANISATION TIRUNELVELI 2

JUDGEMENT

(1.) THE petitioner is a Registered Contractor with the Tamil Nadu Public Works Department. THE petitioner has filed the above writ petition challenging the order passed by the second respondent dated 19.01.2009, by which the contract awarded in favour of the petitioner was determined, and for a further direction to direct the respondents to extend the time for completion of work, which was subject matter of the contract.

(2.) THE facts leading to the writ petition are as follows:

(3.) RESPONDENTS' Defence: Mr.S.Ramasamy, learned Additional Advocate General, appearing for the respondents 1 and 2 by placing reliance on the counter affidavit filed and the documents produced would contend that the writ petition is liable to be dismissed on the sole ground of existence of efficacious alternate remedy in terms of clause 69 of the General Conditions of the contract, which provides for that in case of any case of dispute of difference between the parties after the determination of the contract, shall be referred to the arbitration and that the contract between the petitioner and the respondent department is purely a commercial transaction and this Court would decline to interfere in such contractual matters and would refuse to entertain the claim of the petitioner, which is in the nature of a relief of specific performance of a contract, which has been determined in accordance with the provisions of the agreement.