- (1.) MR . R.S.P. Sinha, learned Senior Counsel appearing for the petitioner submitted that the agreement of the petitioner has been cancelled by order dated 4.2.2011. without giving any notice and in arbitrary manner and that the respondents NHAI (National Highways Authority of India) has entered into an agreement with some other agency for the same work. He further submitted that in similar circumstances, Patna High Court has entertained the writ petition and passed the interim order.
(2.) ON the other hand, Mr. V. Shivnath, learned Senior Counsel appearing for the respondents NHAI, referring to clause 2 of the agreement, submitted that the agreement was for a very short duration for supplying man power for Rasoiya Dhamna Toll Plaza and, therefore, notice for termination in terms of clause 30(2) of the agreement was issued whereby the petitioner was directed to withdraw the supplied man power as per the date and time to be intimated separately. He further submitted that the NHAI has been served with a notice from City Civil Court, Howrah in a Title Suit No. 45 of 2011. filed by one Sang ram Security claiming to be the sub -agent of the petitioner in which interim order has been passed in injunction matter in which NHAI will appear and will contest the matter. He further submitted that though the impugned letter was not issued for breach of terms of agreement in terms of Clause 30(1), but from the said notice it is apparent that the petitioner has also committed breach of agreement by engaging sub -contractor. I find force in the submissions of Mr. Shivnath, that the agreement, in question, was for a short duration, and from the impugned notice of termination dated 4.2.2011, it appears that the same has been issued in terms of Clause 30(2) of the agreement. In my opinion, the disputes between the parties arising out of a non statutory contract, cannot be decided under writ jurisdiction. With great respect, I am unable to follow the interim order passed by Patna High Court. Accordingly, this writ petition is dismissed. However, no costs;