9911796707
TMI Blog2000 (11) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... he certificate of registration under the provisions of the Delhi Sales Tax Act, 1975 (in short, "the Sales Tax Act"). 2.. Background position according to the petitioner, is as follows: Petitioner is a proprietorship concern of Shri S.K. Dey, who is a technocrat and started his career in 1973-74 in industrial consultancy and thereafter in association with various reputed consultancy organisations participated in fruitful execution of some major projects in the country. In the year 1981, petitioner got registered under the Sales Tax Act. He successfully executed export orders of various turnkey projects, allied equipments and materials as a sub-supplier of NSIC, during the period from 1982-89. The aforesaid exports were of two types, viz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s submitted that the claims are denied by it, and dispute is essentially a money claim and therefore no writ petition would lie. It is also submitted that a suit was filed in the year 1993 by the petitioner, which was ultimately dismissed for non-payment of court-fee. Additionally a writ petition was earlier filed, i.e., C.W.P. No. 2483 of 1993 which was also dismissed as withdrawn. Petitioner cannot be permitted to make a belated attempt to give highly exaggerated and imaginary figures and make a prayer for payment thereof. Lot of factual disputes are involved and therefore writ petition should not be entertained. It is pointed out that even claim is raised after long lapse of time, no highly exaggerated and imaginary figures. By way of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tract arises in relation to immovable property and in working such a contract or relief thereof or any other fallout thereto may have the effect of giving rise to an action in tort or for damages, the appropriate remedy would be a civil suit. But if the facts pleaded before the court are of such a nature which do not involve any complicated questions of fact needing elaborate investigation of the same, the High Court could also exercise writ jurisdiction under article 226 of the Constitution in such matters. There can be no hard and fast rule in such matters. When the High Court has chosen to exercise its powers under article 226 of the Constitution we cannot say that the discretion exercised in entertaining the petition is wrong." 3.. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opment Authority v. Ajay Pal Singh AIR 1989 SC 1076 it was observed that there is a line of decisions where the contract entered into between the State and the persons aggrieved is non-statutory and purely contractual and the rights are governed only by the terms of the contract, no writ or order can be issued under article 226 of the Constitution so as to compel the authorities to remedy a breach of contract pure and simple (See: Radhakrishna Agarwal v. State of Bihar AIR 1977 SC 1496, Premji Bhai Parmar v. Delhi Development Authority AIR 1980 SC 738 and D.F.O. v. Biswanath Tea Company Ltd. AIR 1981 SC 1368). 5.. Even in the case of Hindustan Petroleum Corporation Ltd. (1999) 4 SCC 450 relied upon by the petitioner, it was held that in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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