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TMI Blog2016 (3) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... es is in the realm of the contractual obligations flowing from the service contract given to the petitioner by the Corporation. Thus, it is in the arena where the writ jurisdiction would not be attracted. Going into the case of the petitioner and the grievance raised by him would necessarily involve adjudicating upon the contractual terms and conditions and the mutual obligation between the parties arising therefrom with reference to entitlement of the Corporation to claim the amount from the security deposit as well as its justifiability or otherwise of the claim of the petitioner to seek refund/release of the said amount. Jurisdiction under Article 226 is not the appropriate remedy to be invoked for the grievance and the dispute of the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lment thereof fixed at ₹ 26,13,125/-. Some of the conditions of the contract are available from communication dated 24.05.2007 addressed by Gujarat State Road Transport Corporation while accepting the tender and appointing the petitioner as sole agent for transportation. It was provided that security deposit amount of ₹ 47,50,517/- was required to be paid as per condition No.4.1. The first monthly installment was payable as per condition No.18.1(b). Security amount was payable as per condition condition No.4.0, all within 60 days from receipt of the said mentioned letter. Condition No.6 mentions as under, The above security deposit and two advance monthly installments shall remain with the Corporation without any interest th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts back the amount from the Department. 6. Thus, as is clear from above, the essential dispute and the grievance of the petitioner is about the refund of the amount deposited by it towards security deposit under the conditions of the contract. The copy of the said contract is not on record. However, from page 67, it is evident and it could not be disputed that under the conditions of the contract, service tax was payable on the amount of monthly installment. The bill was used to be raised for claiming the amount of monthly installment by adding thereto the amount of service tax and that the service tax was payable by the petitioner. It further appears that the service tax sought to be levied as above was not paid by the petitioner. It al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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