STATE OF MANIPUR Vs. MOIRANGTHEM CHAOBA SINGH

JUDGEMENT

(1.) The core question that falls for our consideration is as to whether a writ petition under Article 226 of the Constitution ofIndia is maintainable to resolve the dispute arising out of concluded commercial contractual obligations between a citizen and the State or its instrumentalities even incases where the contract itself provides for the forum to resolve the dispute.

(2.) Shorn of all the details, all the respondent-writ petitioners have entered intoagreements for execution of different contract works for the Government ofManipur, it is not necessary to note the details as regards the nature of the contractual work undertaken by them with various departmentsof Government ofManipur. Suffices to note that the parties have voluntarily entered into the contractsand the terms and conditions have been reduced into writing by duly incorporating the same into agreements.

(3.) The Respondent-writ petitionersclaimed that they have completed and executed the works about which no disputeshave been raised by the State and its departments. Their grievance is that even after completion and successful executionof the works the State and its departments failed to pay and release the undisputed bills for the contract work admittedly completed by them. It is their further grievancethat the State and its departments without any reason and justification failed to refund the undisputed security deposits made by them at the time of entering into the contract.