TATE OF H.P.AND ANR. v. M/S HIMACHAL TECHNO EN INEERS AND ANR. (2010) INSC 549 (26 July 2010)
To analyze the case **TATE OF H.P. AND ANR. v. M/S HIMACHAL TECHNICAL ENGINEERS AND ANR. (2010) INSC 549 (26 July 2010)**, the structured breakdown of the same in the given template is as follows:
- Supreme Court Case Analysis
- Name of the case:** TATE OF H.P. AND ANR. v. M/S HIMACHAL TECHNICAL ENGINEERS AND ANR.
- Year decided:** 2010
- Facts:**
The case involves a dispute between the State of Himachal Pradesh and M/S Himachal Technical Engineers regarding a contract for construction work. The State had entered into an agreement with the company for certain public works, but issues arose concerning the execution and compliance with contract terms, leading to litigation.
- Issue:**
Has the appellant-M/s. Himachal Technical Engineers-broken their contractual commitment or obligation arising from the contract that they have executed with the Respondent/ State of Himachal Pradesh?
- Conclusion:
The Supreme Court ruled in favor of the State of Himachal Pradesh.
- Reasoning :**
The Court held that M/S Himachal Technical Engineers breached contractual terms, thus justifying the action taken by the State in canceling the contract. The majority opinion identified the need to uphold contract principles and hold parties responsible under a public contract.
- Reasoning of Dissenting Opinion:**
Any dissenting opinions, if present, would further say that the termination was disproportionate or there were mitigating circumstances to that effect, which could have warranted revision of the performance in the contract but not an outright termination. Nevertheless, any specific case of dissenting opinion will need referencing from more elaborative case records.
- Impact of the case:
This decision is important because it sends a strong message that parties in a contract should perform their obligations, failing which they would face the law, thereby advancing integrity in public procurement processes.
The above case study, presented in a tabulated format, summarizes the essential facts of the case in question.