In Brief
This appeal concerns a dispute between the Union of India (Border Road Task Force) and M/s Puna Hinda over payment for road construction work. The contractor claimed Rs 31.57 crores for work allegedly performed but not paid. The High Court allowed the writ petition, directing payment based on a Final Joint Survey Report. The Supreme Court reversed this, holding that such pure contractual disputes involving disputed measurements cannot be adjudicated via writ petition when an arbitration clause exists in the contract. The court found the Joint Survey Report was not admitted by the competent authority and that contemporary measurement books, not post-completion surveys, should form the basis for assessment through the agreed arbitration forum, not the writ court.
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