M/S S S Enterprise And ANR v. State Of West Bengal And ORS.

10-10-2023 Item No.43 Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.9745 of 2023 M/s. S.S. Enterprise & Anr.

-vsThe State of West Bengal & Ors.

Ms. Sanghamitra Nandy ...for the petitioners Mr. Malay Singh Mr. Neelam Singh ...for the State Mr. S. Bandyopadhyay Mr. Tirthankar Dey Mr. Arka Kumar Nag ...for the Corporation Case of the petitioners is that pursuant to a notice inviting e-tender dated January 14, 2020, the petitioners deposited a sum of Rs.70,187/- on account of earnest money. The tender in question was thereafter cancelled. They seek refund of the earnest money. It has been admitted by the Bidhannagar Municipal Corporation that the tender has been cancelled. Therefore, there is no reason for holding the earnest money deposited by the petitioners.

In view of the above, the finance officer of the Bidhannagar Municipal Corporation is directed to take immediate steps to refund the earnest money deposited by the petitioners, despite cancellation of the tender notice. The money shall be refunded to the petitioners at the earliest, but positively within twelve weeks from the date of communication of this order.

With the above directions, WPA No.9745 of 2023 stands disposed of. No order as to costs.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]