ECP INFOTECH Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ application, the Petitioner -company ECP Infotech, registered under the Companies Act, 1957 has prayed for the following reliefs: i. To set aside the cancellation of Lease Agreement vide Annexure -10; ii. Restraining IDCO to disconnect the Electric Supply to the Petitioner's Unit; iii. For uninterrupted power supply to the Petitioner's Unit without charging for its power back -up facilities through its Generator; iv. To provide all infra structural facilities as provided in Industrial Policy and IT/ICT Policies; v. Payment of compensation amounting to Rs. 99,00,000/ - to make good of the loses sustained by the Petitioner Company, and vi. IDCO to refund the rents and electricity charges to the Petitioner illegally and unreasonably collected from it. The Petitioner -company M/s. E.C.P Industries was established in the year 1983 -84 under the Companies Act, 1957 and a subsidiary company, i.e., E.C.P Infotech was established on 21.8.2000 and has been registered by the Software Technology Park of India which is a Nodal Agency of Govt. of India for establishment and promotion . of I.T and I.TES (Information and Technology Enabled Services) activities. It is further averred that the Petitioner took up ITES activities in Medical Transcription (MT) also known as Health Business Process Outsourcing (HBPO) which has a high demand in U.S.A. The Petitioner further states that in order to compete with the growth of IT and ITES services worldwide and in order to match with the competitive growth and to attract such business, the State of. Orissa in order to facilitate establishment of such IT sector by private entrepreneurs has issued from time to time various industrial policies and IT policies containing various promises for infrastructural facilities and incentives in the State of Orissa. The Petitioner further avers that being attracted by the policies announced by the State of Orissa and generally believing such promises and/or assurances, sought to establish an establishment in the State of Orissa and for such purposes, the Petitioner entered into a lease agreement with IDCO -OP.No.3 on 6.5.2000 for providing accommodation at Tower -2000 initially till 30.4.2003. The Petitioner further avers that it has made an investment of more than 1.5 crore. In the said establishment, the Petitioner's enterprise is a Public Utility Service and it is a service provider to various clients in the U.S.A. in the field of Medical Transcription. The Petitioner in order to generate employment for educated youths, provides free of cost training in Medical Transcription for six months to assist unemployed youths of the State to acquire training in order to enable them to earn a substantial livelihood. In the background of these facts, the Petitioner, inter alia, states that due to power disconnections, non -compliance of infrastructural facilities and failure to provide back -up power during power -cuts, the same has interrupted working in the establishment which was required to provide round 0' Clock, i.e, 24 hours on -line service to its various clients mainly in U.S.A. and, inter alia, has faced following problems in course of their occupation of its premises: i) Scheduled Power -Cuts; ii) Failure of back -up power; iii) Non -provision of exemption from the electricity utility and excavated charge towards rent; iv) Non -compliance of various infrastructural facilities; v) Loss of Rs. 99 lakhs due to non -compliance.

(2.) THE various issues raised by the Petitioner in the writ application and the reply thereto by the Opposite parties at the threshold shows that for money claim for damages on account of the alleged losses suffered by the Petitioner, the present writ application is not maintainable. The main contention raised by the Learned Counsel for the Opposite parties is that the present writ application is not maintainable inasmuch as the Petitioner is not entitled in law to raise money claim for damages in a writ application. The questions of fact have to be determined and further the other point raised by the Petitioner relating justifiability of the cancellation of the lease cannot be adjudicated in a writ application.

(3.) THE Govt. of Orissa from time to time issued various policy directives for the purpose of growth of industrialization of the State as well as for enhancing the employment opportunity within the State. The latest policy in operation at the moment is the Information and Communication Technology (ICT) Policy, 2004 issued by the Department of Information Technology, Govt. of Orissa dated 10.2.2004 vide Annexure -5 to the present writ application. In terms of the aforesaid ICT Policy, 2004 Clause -8(b) is quoted herein below: 8(b) - Doubts relating to interpretation of any term and/ or dispute relating to the operation of any provision under this policy shall have to be referred to the Department of Information Technology, Government of Orissa for clarification/ resolution and the decision of Government in this regard shall be final and binding on all concerned.