Supreme Court of India · 2009-10-22
Punjab Financial Corp.& Anr vs M/S Garg Steel & Anr
- Citation / case number
- AIRONLINE 2009 SC 651
- Court
- Supreme Court of India
- Petitioner
- Punjab Financial Corp.& Anr
- Respondent
- M/S Garg Steel & Anr
- Bench
- Aftab Alam, G.S. Singhvi, S.H. Kapadia
Judgment text excerpt
The Supreme Court held that the High Court's issuance of a writ of mandamus to Punjab Financial Corporation (P.F.C.) for the release of a loan amount was misconceived, as the Borrower failed to establish proper pleadings regarding promissory estoppel, waiver, and breach of contract. The Court emphasized the necessity for clear averments in writ petitions, particularly when seeking enforcement of contractual obligations. Consequently, the appeal was allowed, and the High Court's order was set aside, reinforcing the principle that writ jurisdiction should not be invoked in matters involving contractual disputes without sufficient factual basis.