M/S. Dsa Plumbing And Construction v. State Of West Bengal And ORS.

13.02.2025 BP/AGM In The High Court At Calcutta Special Civil Jurisdiction Appellate Side C.P.A.N. 200 of 2024 in W.P.A. 3 of 2023 M/s. DSA Plumbing and Construction -versus Sri. Giridhari Saha Mr. Tarun Kumar Das.

...For the petitioner.

Mr. Gautam Lahiri.

... for the alleged contemnor.

1. Affidavit-of-service filed today in Court be kept with the records.

2. The report of the Chairman of the Serampore Municipality dated 22nd November, 2023 annexed to the contempt application mentions that the municipality sanctioned a sum of Rs. 28,85,630/- out of Rs. 34,85,630/- against eight work orders issued on different dates.

3. The total amount could not be sanctioned as a shortfall was found at the time of joint inspection in the civil work done by the petitioner.

4. The certificates issued by the Chairman and the Sub Assistant Engineer annexed to the contempt application clearly mention that the contractor completed the work satisfactorily.

5. The Court is at a loss to understand as to how the same Chairman, after certifying that the work was completed satisfactorily, denies making payment to the contractor on the

ground that the civil works were not done by him.

6. Learned advocate representing the contemnor seeks time to take instruction.

7. For effective adjudication of the lis, the Chairman of Serampore Municipality is directed to remain personally present in Court on 6th March, 2025 to answer the queries.

8. List on 6th March, 2025.

( Amrita Sinha, J.)