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october 2009

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.

Punjab Financial Corp.& Anr vs M/S Garg Steel & Anr · Niyam