Case Note & Summary
The dispute involved M/s. Supreme Industries Ltd. and M/s. Ranisati Pipe Industries concerning a contract for the supply of PVC pipes. The original writ petition filed by M/s. Ranisati Pipe Industries in the High Court of Jharkhand was withdrawn, prompting the Supreme Court to set aside the judgments of both the Division Bench and the Single Judge. The court restored the status quo ante as it existed before the filing of the writ petition, which included the termination of a contract after the appellant had supplied approximately three lakh metres of PVC pipes out of a total of nine lakh metres. The court ordered the appellant to supply the remaining quantity within thirty days and directed the State to accept this supply. The State had previously supported the appellant's tender and terms throughout the litigation. The court dismissed the Special Leave Petition filed by M/s. Farmers Tractors as infructuous, as they were intervenors opposing the original writ petition, which was now dismissed. The court concluded with no order as to costs.
Headnote
A) Civil Procedure - Withdrawal of Writ Petition - Dismissal of Writ Petition - Code of Civil Procedure, 1908 - The original Writ Petition was withdrawn by the respondent, leading to the dismissal of the petition and restoration of the status quo ante. The court directed the appellant to supply the remaining quantity of PVC pipes under the contract within thirty days. Held that the restoration of status quo ante was necessary to uphold the contractual obligations (Paras 1-3).
Issue of Consideration
Whether the original writ petition should be dismissed as withdrawn and the status quo ante restored.
Final Decision
The Supreme Court set aside the judgments of the Division Bench and Single Judge, dismissed the original writ petition as withdrawn, restored the status quo ante, and directed the appellant to supply the remaining quantity of PVC pipes within thirty days.
Law Points
- Restoration of status quo ante
- Withdrawal of writ petition
- Execution of contract
- Dismissal of infructuous petition
