Published On : Tue, Sep 2nd, 2014

HC dismisses Sell Ads petition terming it not tenable

Final decision on food kiosks at Futala Lake settles a long drawn battle

futala-lake-nagpur (1)
Nagpur News

Nagpur Bench of Bombay High Court on September 2, 2014, took a firm decision putting the long drawn battle between NIT, PIL Activist Sanjay Agrawal, Shailendra Mehta of Sell Ads and the owners of food kiosks at Futala Lake to rest.

The High Court observed that once a contract gets terminated (NIT terminating the contract with Sell Ads), it stands terminated. The HC added that the plaintiff can claim any financial loss from the Civil Court. The matter is not tenable here.

Shailendra Mehta of Sell Ads, who was given a contract to beautify and run food kiosks at Futala premises, had challenged the order of Chairman of NIT Praveen Darade cancelling the contract on August 16, 2014 on account of various violations of the term and conditions of the contract.

The plaintiff had also contended that the Chairman of NIT does not have any right to terminate the contract. However, the learned Judge of HC said that if the Chairman has the right to give a contract, he also has the right to terminate the contract. With this point, the case was dismissed.

During the last hearing, the High Court had observed that the owners of food kiosks do not have any locus standi, since the contract was drawn between NIT and Shailendra Mehta.

Shailendra Mehta of Sell Ads was represented by Senior Council Anand Jaiswal and Gosawi, while the NIT was represented by Advocate S K Mishra. The Intervener Sanjay Agrawal was represented by Advocate Radhika Rasher.

Nagpur Today spoke to the Lawyer of NIT Advocate S K Mishra, who told that NIT by virtue of section 108 of NIT regulations, it gives powers to the Chairman of NIT to give or terminate any contract. He added that the HC cannot make a terminated contract restarted.
Nagpur Today tried to contact Shailendra Mehta of Sell Ads, however, he was not available for commenting.