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Calcutta High CourtWPA/6891/2020disposed

Jaya Steel Furniture And ANR v. State Of West Bengal And ORS

2020-10-05Hon'Ble Justice Amrita Sinha3 pages

05.10.2020 Ct. No. 24 Item No.10 pk.

WPA No. 6891 of 2020 + IA CAN 1 of 2020 Jaya Steel Furniture & Anr.

-vs- State of West Bengal Mr. Amritam Mandal, Ms. Madhushri Dutta Majumdar for the petitioners The petitioner is the owner of a Small Scale Industrial Unit. The West Bengal Small Industries Development Corporation Limited (WBSIDCL) placed certain orders to the petitioner for supply of furniture on the requisition of the respondent no. 6, Deputy Commissioner of Police, Asansol Durgapur Police Commissionerate.

The petitioner claims that the furniture has been supplied in the office of the respondent no. 6 as per the order placed by WBSIDCL.

The Deputy Commissioner of Police (Headquarter) Asansol Durgapur Police Commissionerate has receiving the goods from the petitioner.

The petitioner alleges that the payment in respect of the goods supplied is yet to be cleared by the respondent. The petitioner raised bills from time to time but the same is due and pending.

The petitioner through its learned advocate filed a representation before WBSIDCL as well as to the Director General of Police and Inspector General of Police, West Bengal. Till date the respondent authorities have not responded to the said representation.

None appears on behalf of the respondents despite service.

It appears that WBSIDCL has made several requests to the Director General and Inspector General of Police, West Bengal for clearing the outstanding dues in respect of the supply of furniture in the office of the Deputy Commissioner of Police, Asansol Durgapur Police Commissionerate but the concerned respondent has not paid any heed to the requests for payment.

As it appears that the petitioner has already raised its claim by way of representation through his learned advocate no useful purpose will be served by keeping the writ petition pending.

Accordingly, the writ petition is disposed of by directing the respondent no. 2, WBSIDCL to take steps for clearing the pending dues of the petitioner on account of supply of furniture in the office of the respondent no. 6, upon consideration of the representation made by its advocate on 10th August 2020, within a period of ten weeks from the date of communication of a copy of this order. The respondent no. 2 shall take necessary steps to recover the money from the respondent no. 6 who is the

actual beneficiary of the furniture supplied by the petitioner and ensure that payment is released in favour of the petitioner at the earliest.

The writ petition being WPA No. 6891 of 2020 along with the connected application being IA CAN 1 of 2020 are disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)