- (1.) Leave granted.
(2.) In this appeal, the appellant is challenging the validity of orders dated November 21, 2013 passed by the High Court of Orissa in Writ Petition (Civil) No. 22022 of 2013 whereby the High Court has dismissed the writ petition on the ground that the dispute between the parties arises out of a commercial contract and, therefore, remedy for adjudication thereof by way of writ petition under Article 226 of the Constitution is not available. The High Court has, thus, observed that such a dispute has to be settled either in a suit or in other proceedings in accordance with the contract.
(3.) The brief facts which are discernible from the record are that the respondents floated a tender, i.e. NIT No. MCL/SBP/GM(TC)/ NIT-514 (hereinafter referred to as 'NIT-514') dated November 18-19, 2008 for "transportation of surface miner coal fact to Kanika Railway Siding and transportation of surface miner reject to face to surface miner reject dump of Kulda OCP, Basundhara Garjanbahal Area". The period of contract for the said NIT was for three years and the estimated value of the work was Rs. 63,68,45,000/- (rupees sixty three crores sixty eight lacs and forty five thousand only). The appellant also submitted its bid and, on evaluation thereof, emerged as the Lowest Tenderer (L-1). This resulted in the issuance of the letter of acceptance dated March 20, 2009 which was served upon the appellant and the first work order was issued on May 18, 2009. As per the appellant, it is only after 22 months from the date of letter of acceptance i.e. on June 7, 2011, the site was handed over to the appellant. As such the appellant started execution of the contract with effect from June 07, 2011. The contract was performed upto June 06, 2014.;