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Shashank Singh   08 March 2021

Breach of Contract

I won a government tender and was L1 for 11.69 Cr, but the budget for the work was just 6.32 Cr. We agree to execute the work in 6.32 by giving a discount of 5.37cr on a condition that they will give Annual maintenance contract @12% per annum for a period of 10 years after the one year warranty is expired.
we did the work in 6.32, provided services for one year free warranty, and extended our services for 2.5 years more in anticipation that we will get the the AMC as per the contract. After 2.5 years the agency removed us by and gave the contract without tender to a third party who never participated in the original tender.
we filed a writ in the high court and the court dismissed the petition by saying that the extraordinary writ jurisdiction is not appropriate for the private contractual matter.
we filed an SLP in the apex court and the court issued notice after hearing our argument in 2019, the the service was completed by March 2020, since then the court has not taken up the matter.
what can we do in this situation as we lost everything in the transaction.


Learning

 2 Replies

avadhesh Paliwal   09 March 2021

PLEASE SHARE THE DETAIL OF AGENCY AND CONTACT DETAIL IT IS CLEAR SIGN THAT CASE OF CORRUPTION I ONLY GUESS..........DONT WORRY DEPARTMENT WILL PAY THE PANELTY  OF BREACH OF  CONTACT IF YOU CANT CONTACT TO ME ........7976339610.....WATS AP NUMBER

lawyer_rajiv (9811284735) (lawyer)     13 May 2021

Your case pertains to contractual obligations and it is a civil matter.  The High Court seems right in dismissing your petition as the Writ does not lie against a private person.  It is advisable to approach the civil court for appropriate legal remedies.  


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