M/s Sahabuddin Siddique and Anr vs The Union of India and 4 Ors Advocate - Marto Kato, ,DSGI,GA (AP) — WA/32/2025
Case under Gauhati High Court Rules Section 5. Disposed: --Dismissed on 07th May 2026.
CNR: GAHC040010872025
Filing Number
WA/645/2025
Filing Date
01-07-2025
Registration No
WA/32/2025
Registration Date
01-07-2025
Judge
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA , HONOURABLE MR. JUSTICE ANJAN MONI KALITA
Coram
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA , HONOURABLE MR. JUSTICE ANJAN MONI KALITA
Bench Type
Division Bench
Judicial Branch
Civil Section
Decision Date
07th May 2026
Nature of Disposal
--Dismissed
Acts & Sections
Petitioner(s)
M/s Sahabuddin Siddique and Anr
Adv. P J Saikia,Kemo Lollen,Kemo Lollen, ,Ravi Shankar Mishra,Kemo Lollen
Sahabuddin Siddique
Respondent(s)
The Union of India and 4 Ors Advocate - Marto Kato, ,DSGI,GA (AP)
The Border Road Organization
The Chief Engineer
The Commander
The Deputy Commissioner
Valecha Engineering Ltd
Canara Bank
Hearing History
Judge: HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA , HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ADMISSION
ADMISSION
ADMISSION
ADMISSION
ORDERS
| Date | Purpose |
|---|---|
| 03-03-2026 | ADMISSION |
| 22-01-2026 | ADMISSION |
| 19-01-2026 | ADMISSION |
| 04-12-2025 | ADMISSION |
| 17-11-2025 | ORDERS |
Orders
Case Summary: WA/32/2025 Court Decision: The Gauhati High Court dismissed the appellants' appeal, upholding the Single Judge's order that relegated them to civil court for claims regarding liquidated damages and bank guarantee invocation. Key Reasoning: The court held that disputes over breach of contract and compensation under Sections 73-74 of the Indian Contract Act require determination by an adjudicatory forum (civil court or arbitration tribunal), not writ court. Since the appellants lacked direct privity with the EPC contract and disputed factual issues existed (completion percentage: appellants claimed 49%, respondents claimed 26.21%), these matters were inappropriate for writ jurisdiction. The court upheld the single judge's direction to issue work completion certificates based on joint verification and release pending bills accordingly. This case analysis is maintained by casestatus.in based on publicly available court records.
Case Summary: WA/32/2025 Court Decision: The Gauhati High Court dismissed the appellants' appeal, upholding the Single Judge's order that relegated them to civil court for claims regarding liquidated damages and bank guarantee invocation. Key Reasoning: The court held that disputes over breach of contract and compensation under Sections 73-74 of the Indian Contract Act require determination by an adjudicatory forum (civil court or arbitration tribunal), not writ court. Since the appellants lacked direct privity with the EPC contract and disputed factual issues existed (completion percentage: appellants claimed 49%, respondents claimed 26.21%), these matters were inappropriate for writ jurisdiction. The court upheld the single judge's direction to issue work completion certificates based on joint verification and release pending bills accordingly. This case analysis is maintained by casestatus.in based on publicly available court records.
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