CW 7633/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.7633/2009 M/s RB Garg & Bros. Versus Union of India & Ors Date of Order : 23/03/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Bhuvnesh Sharma, for petitioner. Instant petition has been filed assailing order dt.17/12/2008, whereby on the petitioner having committed breach of agreement dt.26/12/2007, as alleged, the respondents cancelled purchase orders (“PO”) issued on various dates in between 21/02/2008 to 10/10/2008 on the premise of the supply being not made even after repeated requests within scheduled delivery time which has expired for all purchase orders; as a result of which, contract of supply was rescinded under Cl.31.1(a) of Section V of contract of supply, besides imposing penalty of Rs.1,77,120/- as per Cl.2.4 of section V. Counsel submits that action of respondents cannot be held to be justified as the petitioner has assigned reasons to support that very decision taken in rescinding contract of supply & inflicting penalty is contrary to terms & conditions of contract. As per Tender approval order dt. 29/11/07, the contract of supply has expired on or about 26/12/2009 and that apart, indisputably, the delivery period as per CW 7633/09 //2// respective purchase orders issued on various dates in between 21/02/2008 to 10/10/2008 has expired and even after repeated requests, the requisite supply under purchase orders was not made; which was taken note of by respondents; and since the petitioner failed to discharge contractual obligations, it was considered that there was a breach being committed of supply contract dt.26/12/2007; accordingly, the decision was taken in canceling all the purchase orders and the supply contract was rescinded as per its Cl.31.1(a) of Section V and further as per Cl.22.4 of Section V, maximum penalty @ 12% of cancelled purchase orders’ value was imposed to the tune of Rs.1,77,120/-. What has been urged by Counsel for petitioner since involves disputed questions of fact in regard to breach of contract; they cannot be adjudicated upon in extra ordinary jurisdiction of this Court U/Art.226 of the Constitution of India. In case of the breach being committed of the contract, as alleged, the action can certainly be taken as per the terms & conditions of contract. However, this Court finds no justification to entertain the instant writ petition; and it is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 7633CW2009Mar23Ds.doc