COURT EXERCISING JURISDICTION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA IS ALSO A COURT OF EQUITY:TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 24 March, 2023 stating that this Court exercising jurisdiction under Article 226 of the Constitution of India is also a Court of Equity. It was stated in the case of M/S Sewkranthi Jv vs The State Of Telangana (W.P.No.24408 of 2021)which was passed by the single judge bench comprising of Hon’ble Justice Surepalli Nanda
FACTS OF THE CASE:
The Petitioner wants to declare the action of the Respondent No.5 in issuing tender notice No. 06/2021 published in newspaper Namaste Telangana dt. 25.09.2021or the project JCR- DLS. Phase III, Package No. VI for the balance work: (1) Improvements to Palakurthy Tank near Palakurthy (V&M). Jangaon District for a capacity of 0.25 TMC, Construction of Head Sluice including Surplus arrangements. (2). Improvements to Chennur Tank near Chennur (V). Palakurthy (M), Jangaon District for a capacity of 0.58 TMC, Construction of Head Sluice including Surplus arrangements. (3) Execution of Main Canal from Nashkal Tank to Palakurthy Tank with a carrying capacity for an ayacut of 52.725 Acres at Head Regulator including Earth work Excavation and forming Embankment. Construction of CD & CM works and cement concrete lining up to 1 Cumec discharge for Main wp_24408_2021 4 SN,J Canal, Distributaries, Minors and Sub- Minors to provide Irrigation potential of 45.210 Acres under Naskhal Tank, 7,515 Acres under Palakurthy Tank and 25,165 Acres under Chennur Tank for an amount of Rs. 378.35.39.120/- contrary to G.O.Ms.No.23 dt.24.06.2021, wherein the ongoing irrigation projects were given extension of time, including the work undertaken by the petitioner in package VI, Phase-lll of JCR-DIS placed at Sl.No.34 of the annexure in the above G.O as illegal. arbitrary and violative of Articles 14. Article 21. Article 19(1) (g) and Article 300A of the Constitution of India and violative of the principles of natural justice and consequently set aside the same, pending the disposal of the above writ petition.
JUDGEMENT OF THE CASE
On instructions submitted to the Court that since there is an Arbitration Clause and it is arbitral dispute the Petitioner has to invoke the same, without going into the merits of the claim and counter claim of the parties on all the issues involved in the present case and without even expressing any opinion on the same and further taking into consideration Clause 3, Sub-clause (ii) of G.O.Ms.No.6.zthe writ petition is disposed of directing the respondents to discuss with the Petitioner who is the counterparty to the agreement entered into by and between the petitioner and Respondents duly applying Clause 3 Sub-Clause 2 of G.O.Ms.No.6, dt. 17.03.2022 and bring about a suitable amendment to designate International Arbitration and Mediation Centre (IAMC) Hyderabad as the Arbitral Mediation Institution to utilize the services of the IAMCH for conducting their arbitration relating to all the disputes between the petitioner and the respondents herein arising out of Contract within a period of 3 weeks from the date of receipt of the copy of the order. However, there shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.