Threshold of Public Interest Must To Prevent Bypassing of Civil Courts for Enforcement of Contractual Obligations
Case: V.N.Reddy v The Superintending Engineer and ors
Coram: Justices A.S. Chandurkar and G.A. Sanap
Case No.: Writ Petition No. 1787/2021
Court Observation: “although the threshold for the public interest to exist need not be high nevertheless it is essential to prevent bypassing of civil Courts and use of constitutional avenues for enforcement of contractual obligations.”
“The work in question is for construction of land development works and the Tender Issuing Authority therefore required the same to be completed within a period of six months. From the communication dated 04.02.2022 issued by the third respondent itself it becomes clear that the third respondent has not been able to meet the time limit prescribed in the work order and has sought further extension of almost eighteen months. This would naturally result in cost escalation in normal course. In our view therefore the third respondent by its own conduct has indicated that it is not in a position to adhere to the time framed as per the work order and in fact has sought extension much beyond the original period permitted under the work order. It would therefore definitely be a reason to interfere in public interest since the extension of time for completion of the work much beyond what was prescribed would naturally result in an increase in the amount of expenditure.”
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