So, First of all thanks to everyone who came forward for my help.
Here is the question.
ABC Company Ltd., hereinafter referred as “the company”, is a reputed company engaged in the business of construction. Its constitution is peculiar inasmuch as it receives funds from the state government, because of 30% government’s Stake but its management consists of private individuals. Interference of government is limited to periodic audit of accounts and share in profits.
The company undertook to construct a state of the art building for government of Andheri Pradesh. The building was to be used for official purposes. The construction work was to be supervised by a team of engineers which included government engineers apart from others,. In the course of construction work the company took services of another leading firm XYZ Construction Pvt. Ltd. For providing modern equipments to be used in construction. The equipments were to be manned by professionals of XYZ Construction Pvt. Ltd. However, on advice of team of engineers of the company the equipments were manned by persons of ABC construction Company Pvt. Ltd. who were not used to handling such equipments.
On 12th ,1998, due to negligence of the one of the operators of the equipment partially constructed roof of the building collapsed. 20 persons died and 10 were injured. Inquiry report revealed that apart from the negligence of the operator, the equipment was also defective.License of XYZ Construction Pvt. Ltd., was suspended for negligence in maintaining equipments and supplying defective equipments. It was also stated in the report that management of ABC Construction Company was closely associated with the management of XYZ Construction Pvt. Ltd.,
A well known Non-Government Organisation Center for Socia-Legal Aid filed a Public Interest Litigation (PIL) in the High Court of Andheri Pradesh claiming compensation from the ABC Construction Company Ltd.,The respondent challenged the locus standi of the petitioner on the basis of lack of public purpose.
Issues
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Whether the PIL is maintainable in the present case?
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Whether ABC Construction Company Ltd is “the state” within the meaning of Article 12?
Whether the ABC Company Ltd is vicariously liable for negligent act of XYZ Construction Pvt. Ltd?
I want to be the Petitioner of this case, I would be grateful if you can help me.Plus it would be great if you tell any reference case.
