Paramjit Singh vs The Food Corporation Of India on 10 November, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                        CWP No. 19159 of 2008.
                        Date of Decision: 10.11.2008.
Paramjit Singh
                                                      ....Petitioner
                  Versus

The Food Corporation of India                         ....Respondent

CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA
HON’BLE MR. JUSTICE NAWAB SINGH

Present : Mr. B.S. Sidhu, Advocate,
for the petitioner.

1. Whether Reporters of local papers may be allowed to see the
judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest ?

HEMANT GUPTA. J.

The challenge in the present writ petition is to the

communication dated 3/4.10.2008 (Annexure P-5) whereby, the

handling and transport contract awarded to the petitioner was

terminated in respect of handling under Clause IX(iii) of the

Agreement.

The sole argument raised by learned counsel for the

petitioner is that in terms of the aforesaid clause, the agreement can

be terminated in its entirety and not in part.

We do not find any merit in the said argument. If the

agreement can be terminated as a whole, it necessarily implies that

part of the agreement can also be terminated. Apart from the said

fact, we are of the opinion that even if the agreement has been

wrongfully terminated, the petitioner has effective alternative remedy

of claiming damages for wrongful termination of the agreement in the

civil suit. We do not find any merit in the present writ petition and the
CWP No. 19159 of 2008. (2)

same is hereby dismissed. However, it shall be open to the petitioner

to seek his remedy of damages on establishing wrongful termination

and the extent of damages from the appropriate Court.

(HEMANT GUPTA)
JUDGE

(NAWAB SINGH)
JUDGE
10.11.2008.

SN