01Facts
The petitioner, a sole proprietorship engaged in supplying certified seeds, supplied seeds to the respondents under a 2003 drought-relief tender. Against invoices totalling ₹75,34,148, it received ₹60,23,025 and claimed a balance of ₹15,11,123, together with a security deposit of ₹99,000, aggregating to ₹16,10,123.
p. 2The petitioner relied on an acknowledgment of supply dated 15 July 2003 and representations made between 19 July 2017 and 14 May 2024. After issuing a legal notice in July 2024 and receiving a response seeking clarification and documents, it filed this writ petition on 30 June 2026 seeking payment, interest, or alternatively a decision on its representations.
pp. 1–202Issues
i.1. Whether the petitioner’s claim for unpaid amounts and security deposit, arising in 2003, should be entertained under Article 226 despite the delay in filing the petition.
pp. 2–3ii.2. Whether the petitioner’s subsequent representations and the blacklisting proceedings sufficiently explained or cured the delay.
pp. 3–403Law Applied
Article 226 prescribes no statutory limitation period for filing a writ petition, but the equitable and extraordinary jurisdiction of the writ court may be withheld where a claim is defeated by undue delay and laches, particularly where the delay may prejudice the opposing party.
p. 3Relying on Chennai Metropolitan Water Supply & Sewerage Board v. T.T. Murali Babu, (2014) 4 SCC 108, the Court reiterated that a writ court must assess the explanation for delay and that inordinate, unexplained delay may defeat a claim; making representations does not extend limitation or revive a stale claim.
pp. 3–404Reasoning
The amount was alleged to have become due in 2003, but the petition was filed only in 2026, after more than 23 years, without a satisfactory explanation for the delay.
p. 3The first cited representation was made in 2017, more than 14 years after the amount allegedly fell due, leaving the intervening inaction unexplained. The representations could not revive the stale claim, and the petitioner’s blacklisting in 2010 did not explain its inaction either before the blacklisting or after it was set aside. The Court therefore declined to exercise its extraordinary jurisdiction.
p. 405Holding
The Court held that the petitioner’s claim was stale and that the inordinate, unexplained delay defeated relief under Article 226.
p. 4The writ petition was dismissed on the ground of delay and laches, and the pending application was disposed of.
p. 4Original Court PDF
M/S Swami Seed AgenciesvsUttar Pradesh Seed Development Corporation & Ors.
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