Jammu and Kashmir High Court
WP(C)/2844/2022 of M/S GREEN IP SERVICES PVT LTD TH ARNAV SONI AND ANOTHER Vs U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS on 31 December 2022
67 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2844/2022 CM No. 7911/2022 CAV No. 1712/2022 M/s Green IP Services Pvt. Ltd. and another …. Petitioner/Appellant(s) Through:- Mr. Anuj Dewan Raina, Advocate V/s UT of J&K and others …..Respondent(s) Through:- Ms.
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2844/2022 CM No. 7911/2022 CAV No. 1712/2022
M/s Green IP Services Pvt. Ltd. and another
…. Petitioner/Appellant(s)
Through:- Mr. Anuj Dewan Raina, Advocate
V/s
UT of J&K and others
…..Respondent(s)
Through:- Ms. Monika Kohli, Sr. AAG
CORAM : HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER31.12.2022
The dispute raised in this petition falls purely in the contractual domain. Both the parties are alleging breach of contract by the other party. The petition in hand, therefore, raises complicated disputed questions of facts, which may require oral as well as documentary evidence for their determination. The remedy available to the petitioner under Article 226 of the Constitution of India is not a proper remedy. This petition is, therefore, held not maintainable, however, a liberty is given to the parties to avail the appropriate remedy under civil law, in case, they are of the view that the opposite party has committed breach of contract. Regarding the submission of Mr. Anuj Dewan Raina that respondents have blacklisted the petitioners without affording any opportunity of being heard, it would suffice to say that the issue of blacklisting is not a subject matter of challenge in this petition. Accordingly, it is left open to the petitioner to work out his remedy against the blacklisting order, if any, passed by the respondents.
This Court expects that the matter shall be resolved by the parties by resorting to legal means and not by adopting coercive measures.
Disposed of.
(SANJEEV KUMAR) JUDGE
Jammu 31.12.2022 Vishal