IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 420 OF 2009 WRIT PETITION NO. 420 OF 2009 WRIT PETITION NO. 420 OF 2009 The Sun Enviro Management Pvt. Ltd. ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents Mr. Rajiv Patil i/b Onkar Warange for the petitioner. Mr. V.P. Malwankar, AGP, for the respondent No.1. Mr. R.G. Ketkar for the respondent No.2. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 2ND FEBRUARY, 2009 P.C. : 1. The contract given to the petitioner for disposal of bio-medical waste has been terminated by the respondent since, according to the respondent, the petitioner has violated the terms of the contract which resulted into death of seven persons. 2. Thus, the subject matter of this Petition is contract and violation of the terms of the contract, thereby attracting provisions of the Contract Act. Article 226 of the Constitution cannot be a remedy for implementation of the performance of the liability under : 2 : the contract. The appropriate remedy is to file a Civil Suit for damages. 3. Thus, if the petitioner so desires, the petitioner is at liberty to file such Civil Suit for damages. We, however, refrain ourselves from entertaining the Writ Petition and it is, accordingly, rejected. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]