2021 (7) TMI 254 - HC - Customs

Maintainability of petition - contractual obligations between the parties - adjudication with reference to documents and evidences - HELD THAT - The disputed facts between the parties based on certain contractual obligation can never be adopted in writ proceedings by the High Court. Such issues cannot be decided nor a finding can be given based on the affidavits filed by the respective parties in the writ petition. Under these circumstances, the petitioner is at liberty to approach the appropriate forum for redressal of his grievances in the manner known to law. Petition dismissed.

Summary

Issues:
Challenge to quash an order dated 01.11.2017 passed by the fourth respondent, maintainability of the writ petition due to delay of 8 years since the disposal of Credit Limit Application, whether contractual obligations between the parties can be resolved through a writ petition under Article 226 of the Constitution of India.

Analysis:

1. Challenge to Quash Order:
The petitioner sought to quash an order dated 01.11.2017 passed by the fourth respondent. The Court noted that the issues raised in the writ petition were based on contractual obligations between the parties. It emphasized that such issues require adjudication with reference to documents and evidence, which cannot be effectively done in a writ proceeding under Article 226 of the Constitution of India. The Court held that disputed facts based on contractual obligations are not suitable for resolution through a writ petition.

2. Maintainability of Writ Petition:
The respondents argued that the writ petition was not maintainable due to a significant delay of 8 years since the disposal of the Credit Limit Application by the fourth respondent on 24.09.2020. The Court acknowledged this lapse in filing the writ petition after such a long period. However, the petitioner contended that subsequent communications required adjudication, indicating the need for further legal action. The Court highlighted that the delay in filing the writ petition was a ground for rejection but did not delve into the merits of the case due to the nature of the issues involved.

3. Resolution of Contractual Obligations:
The Court reiterated that issues arising from contractual obligations between the parties cannot be effectively resolved through writ proceedings. It emphasized that decisions based on such disputes should not be made solely on the affidavits filed by the parties in a writ petition. The Court advised the petitioner to seek redressal through the appropriate legal forum to address the grievances in accordance with the law. Consequently, the writ petition was dismissed, and no costs were imposed, with connected miscellaneous petitions closed.

In conclusion, the judgment highlighted the limitations of using writ proceedings to resolve disputes based on contractual obligations, emphasizing the need for adjudication through appropriate legal channels. The Court's decision to dismiss the writ petition underscored the importance of addressing such issues in a forum better equipped to handle the complexities of contractual disputes.