Constitution of India, Article 226

Constitution of India, Article 226 

Contract Act, Section 73 

Writ Locus standi

Enforcement of contractual obligations 

Rights of the petitioner flow from the sub contract agreement entered into between the Petitioner and the Contractor, to which the Authority is not a party.

No contractual relationship between the Petitioner and the Authority or any of its instrumentalities EPC Agreement expressly stipulates that it is the Contractor, who shall at all times be responsible and liable for all its obligations under the agreement notwithstanding anything contained in the agreement with its sub-contractor or any other agreement that may be entered into by the Contractor.

Petitioner cannot be construed to be ‘a person aggrieved' and thus has no locus to enforce a contractual obligation qua the Authority in respect of the balance 64% work. 

[ Paras 11 to 15]

Rbk Constructions Private vs  State Of Maharashtra WP 5561/20 18/09/20 

[ UJJAL JJ,]

[ BOMBAY HIGH COURT ]