Gujarat National Law University

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 G
Written petition on behalf of respondent

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 ujarat National Law University

TABLE OF CONTENTS

SERIAL NUMBER TOPIC PAGE NUMBER

1 INDEX OF AUTHORITIES
2 LIST OF ABBREVEATIONS
3 STATEMENT OF JURISDICTION
4 STATEMENT OF FACTS
5 ISSUES RAISED
6 SUMMARY OF ARGUMENTS
7 ARGUMENTS ADVANCED
8 PRAYER

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 INDEX OF AUTHORITIES

BOOKS:

Sir Frederick Pollock, 3rd Baronet, The Indian Contract Act,1872

CASES:

Girish Chandra Das Mazumdar v. Kunjo Behari Malo

Sri Rabindranath Kabir v. Manager, Safari Groupslfe Enterproses

John v. Mammootty

Mahamad Mazaharal Ahad v. Mahamad Azimuddin Bhuian

Idfc Bank Limited v. Monnet Power Company Limited

Saitun Nisa v. Triloki Vishwakarma Alias Triloki Mistri 

Goverdhanlal v. Bakhtawarlal 

Aidal Singh And Ors. vs Karan Singh And Ors.

Mrs. Mangala vs The State Of Maharashtra

Akila Khatoon vs The State Election Commission 

L. Chandra Kumar vs Union Of India And Others 

Dr. Vinod Narain vs State Of U.P. And Ors.

 Shankar Narayanan Potti vs K.  Sreedevi & Ors 

Shri Panch Nagar Parakh Mandsaur vs Purushottam Das

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 LIST OF ABBREVATIONS

ABBREVATION FULL FORM

Art Article
ICA India Contract Act
Govt Government
& And
Ors Others
Hon’ble Honourable
Acc According

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 STATEMENT OF JURISDCITION

The Counsels of the petitioner have approached the Honerable High Court under Article 226
of the Constitution.

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 STATEMENT OF FACTS

1. Alsatian Pirates F.C., is the leading and most successful football club in the State of Alsatia,
and in the Union of Gondor. Incorporated in 2000.
2. Objectives of Alsatian Pirates F.C. was to supply quality players to the State team and to the
National team.
3. In 2021, Angbad Warriors F.C., based in the State of Minas Ithil, won the private league run
by Aragorn Private Limited. The league victory came as a major shock to most of the
established teams in the league, inasmuch as Angbad Warriors F.C., used to historically be in
the bottom of the league.
4. In 2021, Alsatian Pirates F.C. finished tenth in the league, its worst performance.
5. Wayne Ferguson(manager), urged the board of Alsatian Pirates F.C., to invest in the software
named, Grond, much to chagrin of the scouts of the club.
6. The fans threatened to boycott the club if requisite measures were not undertaken.
7. The board of Alsatian Pirates F.C, fearful of losing the support of the fans and the revenue
that the fan base provides, cancelled the agreement entered into with Morgoth, Inc.,
without releasing any payment for the utilisation of the software.
8. Alsatian Pirates F.C. issued a legal notice to Morgoth, Inc., seeking for damages, as the inputs
provided by Grond did not have an appreciable effect on the quality of the team and most of
the signings made on account of the suggestion provided by the software, did not perform
to the level that the software had estimated that they would. Morgoth, Inc., refuted the
claim for damages on the ground that the output provided by Grond is an estimate of the
player’s ability based on data and numbers.

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 ISSUES RAISED

1. If remedy is available in lower courts as per application of the Indian Contracts Act,
1872, then the petition is not maintainable in High Courts.
2. The suit is filed under Article 226 but since it is a Contract is cannot be filled under
Article 226 (Section 73 of the ICA, 1872)
3. The Alsatian Piariates F.C. was not a government body. Thus, Article 226 does not
apply to this as Article 226 can only be against government bodies and the petition is
not maintainable.

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 SUMMARY OF ARGUMENTS

1. If remedy is available in lower courts as per application of the Indian Contracts Act,
1872, then the petition is not maintainable in High Courts.

2. The suit is filed under Article 226 but since it is a Contract is cannot be filled under
Article 226.

Acc to the facts of the case it is a contract under section 73 of the ICA, 1872.
Which states the compensation for failure to discharge obligation resembling
those created by contract.

3. The Alsatian Piariates F.C. was not a government body. Thus, Article 226 does not
apply to this as Article 226 can only be against government bodies and the petition is
not maintainable.

The stakes of Alsatian Piariates F.C. were owned bith by the government and
the state so, it was not a fully government affilated party. Acc to the
Constitution writs under Article 226 can only apply to government bodies.
Thus, Article 226 is not maintainable in this suit.

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 ARGUMENTS ADVANCED

1. If remedy is available in lower courts as per application of the Indian Contracts

Act, 1872, then the petition is not maintainable in High Courts.
A.
2. The suit is filed under Article 226 but since it is a Contract is cannot be filled
under Article 226.
A.
3. The Alsatian Piariates F.C. was not a government body. Thus, Article 226 does
not apply to this as Article 226 can only be against government bodies and the
petition is not maintainable.
A.

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 PRAYER

Wherefore, in the light of the questions presented, arguments advanced and authorities cited
the Respondent requests the Hon’ble High Court to find, adjudge and declare that:

1. If remedy is available in lower courts as per application of the Indian Contracts Act,
1872, then the petition is not maintainable in High Courts.
2. The suit is filed under Article 226 but since it is a Contract is cannot be filled under
Article 226 (Section 73 of the ICA, 1872)
3. The Alsatian Piariates F.C. was not a government body. Thus, Article 226 does not
apply to this as Article 226 can only be against government bodies and the petition is
not maintainable.

In respectful submission before the High Court.

Counseld on behalf of State of Alsatia and Alsatian Pirates F.C.

(Respondents)

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