Maintainablity of writ when arbritration clause is in contract
shubhra
(Querist) 12 July 2013
This query is : Resolved
maintainablity of writ when arbritration clause is in contract. Can a writ be ordered when a arbitrarion clause is available in contract but the state functionary has voilated the public law and changed the terms of the contract after the contract has been finalised in a totally unilateral manner.
Anirudh
(Expert) 12 July 2013
Dear Mr. Shubhra,
Once it is established that is your's is a commercial establishment, all queries emenating from you are commercial queries.
As you can afford legal fees, better take paid advice / service from a lawyer.
Anirudh
(Expert) 12 July 2013
Dear Mr. Shubhra,
Once it is established that is your's is a commercial establishment, all queries emenating from you are commercial queries.
As you can afford legal fees, better take paid advice / service from a lawyer.
ajay sethi
(Expert) 12 July 2013
we dont entertain commercial queries as you can afford legal fees .
shubhra
(Querist) 12 July 2013
respected ajay ji and Anirudh ji
first of i am not a part of commercial establishment. I am for a cause of my one of friends who are small business owners and their turnovers are few lakhs only. this order of 7 crores was to be distributed amonst 26 people.
Setu Niket
(Expert) 12 July 2013
What is the nature of contract? What the special conditions which gives you a cause to approach courts in writ?
Are the changes material to larger public interest? Kindly provide details for assistance.
Kind Regards
Setu Niket
Advocate
Guest
(Expert) 12 July 2013
Any reply to your academic query is not likely to help you or your friend, when you have not mentioned about the real problem and the base of that problem.
You have not stated what were the tender conditions, what were the changes made unilaterally, as against the tender conditions, what public law was violated by which organisation, whether the award of tender was accepted and agreement signed by your friend or not, what is the present status of the work or supply, for what purpose you want to file a writ or go for arbitration, whether for recovery of dues or variation of terms or for the purpose of implementation of the terms & conditions of the tender or the agreement, etc. In such circumstances, even if someone replies your query in favour or against the writ or arbitration, how that can help you or your friend?
There may be several more questions to be asked, if the documents are examined by some expert. So, the experts have rightly opined that you should hire paid services of some expert. otherwise, if you or your friend try to work on hit & trial basis, your deal of 7 crores will be in jeopardy.
A;so, your query is misclassified under constitutional law, as your contract has nothing to do with the constitutional law. That pertains to business law.
R.K Nanda
(Expert) 12 July 2013
contact local lawyer.
