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Calcutta High CourtWPA/14961/2021disposed

M/S S.B. Enterprise And ANR. v. Bidhannagar Municipal Corporation And ORS.

2021-11-17Hon'Ble Justice Shampa Sarkar2 pages

17.11.2021 Court No. 19 Item no.13 CP WPA 14961 of 2021 M/s S. B. Enterprise & anr.

Vs.

Bidhannagar Municipal Corporation & ors.

Mr. Jayanta Samanta Mrs. Karunamoyee Samanta ......for the petitioner.

Mr. Debabrata Saha Roy Mr. Arka K. Nag Mr. Subhankar Das .....for the B.M.C.

Mr. Bipin Ghosh ....for the State.

The petitioner submits that after execution of the work by the petitioner for the Bidhannagar Municipal Corporation against Sl No. 35 of the Tender issued vide NIT No. 1163 PWD (BM) dated January 8, 2015 and work order dated April 10, 2015, the earnest money/security deposit has not been refunded in terms of the clause of the notice inviting tender. Payment for the work done has been received by the petitioner.

The writ petition is disposed of with a direction upon the petitioner to make a detailed representation before the Commissioner, Bidhannagar Municipal Corporation along with all supporting documents. If such representation is made, the same shall be disposed of in accordance with law and upon hearing

the petitioner and also upon taking into account the terms and conditions of the notice inviting tender by the said authority within a period of six weeks from receipt thereof.

If the petitioner's contention is correct, the said earnest money shall be returned within the aforementioned period.

The writ petition is, thus, disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)