The Jammu Kashmir and Ladakh High Court passed a judgement on the 23rd of December 2022 in which the court dismissed the petition as it was without any merit. This was seen in M/S Venoos Furnitures vs Sidcop (CM No. 1777/2022). The case was presided over by The Honorable Mr. Justice Sanjeev Kumar and The Honorable Mr. Justice Moksha Khajuria Kazmi.
FACTS OF THE CASE:
The appellant was a registered small-scale industrial unit. The respondent issued two supply orders in Favour of the appellant. The appellant made the supplies to respondent no. 1 in terms of the first supply order and accordingly received the payment. However, in respect of the second supply order, the appellant claims that he had executed the works at his place, but the supply items could not be delivered to respondent no. 1 due to the inability of respondent no.2 to provide requisite space for dumping the material. Meanwhile, there were unprecedented floods in the year 2014 in the Kashmir Valley. The entire material prepared by the appellant for making supplies in terms of the second supply order got submerged and extensively damaged in floods. Since the appellant could not deliver the goods as per the second supply order and, as such, no payment was released in his favour. The appellant has suffered loss because of a breach of contract on the part of respondent no.1.
The writ court after taking note of the case set-up by the appellant and the response filed thereto by the respondent nos. 1 & 2 came to the conclusion that the writ petition involved complicated disputed questions of fact which required evidence for determination
The court was in full agreement with the writ court that having regard to the complicated disputed questions of fact involved in the writ petition. They said that the appellant needs to be relegated to the remedy of a civil suit. This appeal was therefore found without any merit and was accordingly dismissed
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JUDGEMENT REVIEWED BY KRITI GUPTA