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Supreme Court of India 2022-02-28 allowed

Municipal Council Gondia vs Divi Works & Suppliers, HUF & Ors

Bench: 2 — M. R. Shah, B.V. Nagarathna

In Brief

Municipal Council Gondia awarded a work order for customized furniture (desks, benches, almirahs, tables) to a supplier. Due to COVID-19 pandemic and financial constraints, the Council suspended and later cancelled the work order under a Government Resolution. The supplier challenged this before the High Court, which quashed the cancellation and ordered the Council to accept the goods and make payment. The Supreme Court reversed the High Court, holding that the High Court improperly granted specific performance via writ petition without evidence that goods were actually manufactured to specifications, and that such relief must be sought through civil suit, not writ petition under Article 226."

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Administrative Law Civil Procedure Contract Law Specific Performance Writ Jurisdiction COVID-19 Pandemic

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