Uttarakhand High Court
WPMS/357/2021 on 22 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 22ND DAY OF JULY, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 357 of 2021
BETWEEN:
M/s Vantage Biotech Pvt. Ltd. ....Petitioner
(There is no representation for the petitioner)
AND:
State of Uttarakhand & another .....Respondents
(By Mr. Pradeep Hairiya, Standing Counsel for the State of Uttarakhand)
JUDGMENT
Heard learned counsel for the parties
through video conferencing.
2. By means of this writ petition, petitioner has
sought the following relief:-
"(i) A writ order or direction in the nature of
certiorari quashing the letter/order dated 29/1/2021
(contained as Annexure no. 25 to this petition)
issued by the respondent medical college and further
the respondent may kindly be directed to consider
the loss suffered by the petitioner and further
decided the representation of the petitioner dated
31/10/2020 and waive the rent during the
pendamic/lockdown (i.e. 17 March 2020 uptill now)
declared by the Central Govt and State govt; in
accordance with law."
3. Petitioner was the highest bidder, therefore,
he was awarded contract for running a medical store in
the premises of Government Medical College, Haldwani.
The said agreement was executed on 31.10.2018 and
was valid for three years.
4. By means of this writ petition, petitioner has
challenged the order dated 29.01.2021 passed by
Principal, Government Medical College, Haldwani. By
the said order, petitioner's representation, seeking
extension of term of contract and also waiver of rent,
has been rejected. In the said order, valid reasons
have been given by Principal for rejecting petitioner's
representation. It has been stated that petitioner has
committed default in payment of rent, which amounts
to breach of conditions of the contract.
5. Admittedly, contract was executed between
petitioner and Principal of the College and petitioner is
bound by terms and conditions of the contract.
Petitioner's contention made in his representation was
that, in view of the COVID-19 Pandemic and the
consequent lockdown imposed by the Government, rent
should be waived off and the term of contract should
also be extended.
6. The relief as claimed by the petitioner in his
representation has no legal basis. The terms and
conditions of contract, as settled between the parties,
have been set out in the contract executed between the
parties, therefore, both the parties are bound by the
terms and conditions. Although, petitioner's business
might have been affected due to the lockdown in view
of COVID-19 Pandemic, but, this Court cannot direct
Principal, Government Medical College, Haldwani either
to extend the term of the contract or to waive off the
amount of rent payable by the petitioner. Thus, this
Court does not find any reason to interfere with the
order impugned in this writ petition.
7. Even otherwise also, there is no infirmity in
the impugned order passed by the Principal of the
College.
8. In such view of the matter, writ petition fails
and is dismissed. No order as to costs.
(MANOJ KUMAR TIWARI, J.)
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