9911796707
TMI Blog2014 (4) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... Negotiable Instrument Act, 1888 - we decline to entertain this petition and relegate the petitioner to the remedy available in law - petition dismissed. - WRIT C No. 22394 of 2014 - - - Dated:- 30-4-2014 - Dr. Dhananjaya Yeshwant Chandrachud And Dilip Gupta, JJ. Counsel for Petitioner :- B.N. Rai,Sumit Kumar Srivastava Counsel for Respondent :- C.S.C. JUDGMENT: The petitioners claim to have executed various work orders which were issued under the National Rural Health Mission, between 10 January 2013 to 17 February 2014. According to the petitioners, the work orders were allotted by the second, third and fourth respondents and payments were sanctioned after satisfactory completion of work. Thereafter, it is alleged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entre and obtained cheques from the Superintendent under coercion and duress and threatened him of dire consequences. Learned counsel appearing on behalf of the petitioners, has submitted that on the one hand, a First Information Report was lodged on 6 April 2014, and on the other hand, a certificate of satisfactory completion of work was issued by the Chief Medical Officer, Siddharthnagar on 19 April 2014. In view of the defence which has been set up by the State, it would not be appropriate, in our view, to entertain the petition under Article 226 of the Constitution and pass an order, that would essentially be a money decree. At the least, the defence would raise issues on which evidence would have to be adduced before a civil cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties, to invoke the terms of the agreement. 3.... 4. On the other hand, we have heard this petition for final disposal and we are firmly of the view that it will not be appropriate for this Court to exercise jurisdiction in the matter. It is true that there is no absolute bar in entertaining a petition in a contractual matter. However, in cases such as the present, several issues on facts which have been noted in the earlier part of this judgment have to be determined by the competent authority. The exercise of jurisdiction under Article 226 is not warranted for what the petitioner seeks in essence is a decree in a civil suit which cannot be granted in this proceeding, particularly having regard to the nature of the issues invo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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