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TMI Blog2016 (9) TMI 1156X X X X Extracts X X X X X X X X Extracts X X X X ..... If a term of contract is violated, ordinarily remedy is not the writ petition under Article 226. A contract would not become statutory simply because it is for construction of a public utility and it has been awarded by a statutory body. A statute may expressly or impliedly confer power on a statutory body to enter into contracts in order to enable it to discharge its functions. Disputes arising out of the terms of such contracts or alleged breaches have to be settled by the ordinary principles of law of contract. The fact that one of the parties to the agreement is a statutory or public body will not by itself affect the principles to be applied. The disputes about the meaning of a covenant in a contract or its enforceability have to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it relates to recovery of certain money from U.P. Rajya Vidyut Utpadan Nigam Limited based on contractual matter for which remedy lies in common law and for that purpose no writ petition lie since in absence of any statutory right, Article 226 cannot be availed to claim any money in respect of breach of contract or tort or otherwise. 4. In Kerala State Electricity Board and another Vs. Kurien E. Kalathil and others 2000 (6) SCC 293, Court said that interpretation and implementation of a clause in a contract cannot be subject-matter of a writ petition. Whether a contract envisages actual payment or not is a question of construction of contract. If a term of contract is violated, ordinarily remedy is not the writ petition under Article 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, are not the matters which could have been agitated and decided in a writ petition. 5. Following the above authorities, a Division Bench of this Court in M/S Prabhu Construction Company through its Proprietor Vs. State of U.P. and another (Writ C No. 25075 of 2014) decided on 05.05.2014 said as under: In the present case, there is nothing on the record which may persuade us to hold that the contract is a statutory contract. The remedy of the contractor, if he is aggrieved by non-payment, would be to either file an ordinary civil suit or if there is an arbitration agreement between the parties, to invoke the terms of the agreement. 6. The Court also relied on its earlier decision in M/s R.S. Associate Vs. State of U.P. and o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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