THOTTATHIL B.RADHAKRISHNAN,J. - (1.) This appeal is by the writ petitioner. The learned Single Judge dismissed the writ petition holding that the matter is not justiciable under Article 226 of the Constitution and the writ jurisdiction cannot be resorted to in cases where disputed questions of facts relating to contracts call for adjudication.
(2.) We have heard the learned counsel for the appellant and the learned counsel for the respondent-Steel Authority of India Limited; for short 'SAIL' and its Managing Director.
(3.) The learned counsel for the appellant making reference to the decision of the Apex Court in ABL International Ltd. v. Export Credit Guarantee Corporation of India; (2004) 3 SCC 553, argued that the material facts relevant for the disputes between the parties are not those which can be treated as issues which call for adjudication before the Civil Court. According to him, the pleadings on record and the material documents produced by both the sides would clinch the issue raised by the petitioner before the learned Single Judge. The impugned dismissal of the writ petition is challenged as not the possible modality that ought to have been resorted to in a writ petition which was pending before this Court from 2001 till July, 2017 when it was ultimately dismissed.;