M/s Vantage Biotech Pvt. Ltd vs State Of Uttarakhand & Another

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

By means of this writ petition, petitioner has sought the following relief:-

“(i) A writ order or direction in the nature of certiorari quashing the letter/order dated 29/1/2021 (contained as Annexure no. 25 to this petition)

issued by the respondent medical college and further the respondent may kindly be directed to consider the loss suffered by the petitioner and further

decided the representation of the petitioner dated 31/10/2020 and waive the rent during the pendamic/lockdown (i.e. 17 March 2020 uptill now)

declared by the Central Govt and State govt; in accordance with law.â€​

Petitioner was the highest bidder, therefore, he was awarded contract for running a medical store in the premises of Government Medical College,

Haldwani. The said agreement was executed on 31.10.2018 and was valid for three years.

By means of this writ petition, petitioner has challenged the order dated 29.01.2021 passed by Principal, Government Medical College, Haldwani.

By the said order, petitioner’s representation, seeking extension of term of contract and also waiver of rent, has been rejected. In the said order,

valid reasons have been given by Principal for rejecting petitioner’s representation. It has been stated that petitioner has committed default in

payment of rent, which amounts to breach of conditions of the contract.

Admittedly, contract was executed between petitioner and Principal of the College and petitioner is bound by terms and conditions of the contract.

Petitioner’s contention made in his representation was that, in view of the COVID-19 Pandemic and the consequent lockdown imposed by the

Government, rent should be waived off and the term of contract should also be extended.

The relief as claimed by the petitioner in his representation has no legal basis. The terms and conditions of contract, as settled between the parties,

have been set out in the contract executed between the parties, therefore, both the parties are bound by the terms and conditions. Although,

petitioner’s business might have been affected due to the lockdown in view of COVID-19 Pandemic, but, this Court cannot direct Principal,

Government Medical College, Haldwani either to extend the term of the contract or to waive off the amount of rent payable by the petitioner. Thus,

this Court does not find any reason to interfere with the order impugned in this writ petition.

Even otherwise also, there is no infirmity in the impugned order passed by the Principal of the College.

In such view of the matter, writ petition fails and is dismissed. No order as to costs.