Case Note & Summary
The dispute arose between the Food Corporation of India (FCI) and Jagannath Dutta regarding the termination of a storage agency agreement dated August 14, 1967. The FCI terminated the agreement via a notice dated June 25, 1987, effective August 31, 1987, citing a policy decision to abolish storage agencies due to high transit losses. Dutta challenged this termination in the Calcutta High Court, which set aside the notice, claiming no valid policy decision had been made. The Supreme Court, upon appeal, found that the High Court erred in its judgment by not recognizing the policy decision taken by the FCI, which was supported by documented evidence of meetings and committee reports. The Court emphasized that the terms of the agreement allowed for termination by either party with prior notice and that the High Court should not have intervened in contractual matters under Article 226. The Supreme Court concluded that a valid policy decision was indeed made to abolish the storage agencies, thus allowing the appeal and dismissing Dutta's writ petition with costs.
Headnote
A) Constitutional Law - Article 14 Violation - Termination of Agreement - Constitution of India, 1950, Articles 14 and 226 - The High Court's quashing of the termination notice was unjustified as the agreement permitted termination by either party with prior notice. The Supreme Court held that the High Court should not have interfered in contractual obligations under Article 226, especially when a valid policy decision was made to terminate the storage agency (Paras 501G-501H).
Issue of Consideration
Whether the termination of the storage agency agreement by the Food Corporation of India was justified and in accordance with the contractual terms and policy decisions.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and dismissed the writ petition filed by Jagannath Dutta with costs quantified at Rs. 10,000.
Law Points
- Contractual termination
- Article 14 violation
- Article 226 jurisdiction
- policy decision validity
- Indian Contract Act
- 1872
- section 24

