State-Private Party Contracts

Posted on by Rudrajyoti Nath Ray

My Lord, How does Public and Private Law elements, in a Contractual Dispute between a State and a Private Party, affect Potential Writ Jurisdiction of a High Court?

“If a Contract between a Private Party and a State is under the realm of a Private Law and there is no element of Public Law, the normal course is to invoke remedies provided under Ordinary Civil Law rather than approaching High Court under Article 226 and invoking its Extraordinary Jurisdiction.

Once on facts, it is found nature of activity or controversy involves a Public Law element, the matter can be examined by High Court in Writ Petitions under Article 226 to see whether the action of State is fair, just and equitable.”

– Hon’ble Justice A.K. Sikri, Joshi Technologies International Inc. v. Union of India, [Civil Appeal No. 6929 of 2012].

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