AMCO TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against a judgment and order passed by the Writ Court on 12th June, 2009 when the Writ Court was pleased to dismiss the writ petition on the ground of maintainability and further held that "the question of delay and laches would have a bearing while testing the claim of a late visitor to the Writ Court". His Lordship upheld the objection of the respondent on the ground of delay. His Lordship further on the question of enforcement of contractual claim on the writ petition held that, "from the authorities cited, the ratio which emerges, in my opinion, is that in cases involving contractual dispute, if serious factual controversy is raised, then Writ Court ought not to intervene. In the present writ petition, from the facts which I have narrated in the earlier part of this judgment, it is apparent that the disputes are of such nature for resolution of which proper trial would be necessary". The facts of the case briefly are as follows:-

(2.) A tender was floated by SAIL for sale of certain steel craps which have been described as steel rounds, C.R. Sheet, Tor Steel and plates of diverse qualities and quantities. Pursuant to the said tender, the writ petitioners/appellants were declared as the highest bidder and accordingly an offer letter was issued to the appellant on March 29,2011. It is the case of the appellants that they have offered to make payment for the said items, but at that point of time there was a labour strike in the stock-yard of SAIL and they were advised by the officers of the company to postpone the payment till the strike was lifted.

(3.) In these circumstances, on or about October 6, 1988 a writ petition was filed praying for a declaration that the notice of June 14, 1985 is invalid, inoperative and void. Prayer was also made for revival of the offer letter. Before us it has been stated that the goods should be supplied or similar items which were the subject-matter of the tender in question should be delivered.