M/S. Kalinga Combines Pvt. Ltd. ... vs Odisha Industrial ...
2021 Latest Caselaw 11297 Ori

Citation : 2021 Latest Caselaw 11297 Ori
Judgement Date : 3 November, 2021

Orissa High Court

M/S. Kalinga Combines Pvt. Ltd. ... vs Odisha Industrial ... on 3 November, 2021

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.33904 of 2021

             M/s. Kalinga Combines Pvt. Ltd. and         ....         Petitioners
             another
                                                      Mr. G. M. Rath, Advocate
                                        -versus-
             Odisha Industrial Infrastructure            .... Opposite Parties
             Development Corporation (IDCO) and
             others


                         CORAM:
                         THE CHIEF JUSTICE
                         JUSTICE B. P. ROUTRAY

                                        ORDER

03.11.2021 Order No.

01. 1. The principal contention of the Petitioners is that the Opposite Parties have arbitrarily changed the conditions of the contract and are acting contrary thereto in seeking to withdraw the earlier commitment to pay the GST amount under the contract in question.

2. Relying on the judgment in ABL International Ltd. vs. Export Credit Guarantee Corporation of India Ltd., (2004) 3 SCC 553, Mr. G. Rath, learned counsel appearing for the Petitioners, insists that the writ petition is maintainable.

3. Subject to question of maintainability, issue notice to the Opposite Parties.

4. Opposite Party No.4 is not a necessary party to the present dispute and is accordingly deleted. The amended cause title be filed within one week.

5. Notice be issued to the Opposite Party No.1 to 3 by Registered Post/Speed Post with A.D. making it returnable by the next date. Requisites be filed within a week. Tracking report be placed on record by the next date.

6. List after twelve weeks.

I.A. No.15659 of 2021

7. All actions taken by the Opposite Parties in the meanwhile will be the subject to the outcome of the writ petition. The application is disposed of.

8. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

( B.P. Routray) Judge

B.K. Barik