M/S Das Spares Co. Rept By Its Proprietor Kajal Kr Das v. State Of West Bengal And ORS.

D/L. 16.

January 15, 2024.

MNS.

WPA No. 24990 of 2022 M/s. Das Spares Co.

Vs.

The State of West Bengal and others Mr. Sabyasachi Chatterjee, Mr. Debabrata Mondal, Mr. Badrul Karim, Mr. Dinesh Chandra Mondal ... for the petitioner.

1. Despite service, none appears for the respondents.

2. On the prayer of learned counsel for the petitioner, leave is granted to the petitioner to file an affidavit-of-service during the course of the day.

3. The petitioner alleges that the petitioner supplied spare parts to the West Bengal Surface Transport Corporation Limited.

However, the dues for the same were not paid to the petitioner despite the petitioner having raised bills and having given repeated representations.

4. In view of the conspectus of the writ petition, affidavits are not being directed. It is deemed

that none of the allegations are admitted by the respondents.

5. WPA No. 24990 of 2022 is disposed of by directing the respondent no. 4 to consider and dispose of the representations given by the petitioner in the context of the bills raised by the petitioner, for products supplied by the petitioner to the respondents, within a fortnight from the date of communication of this order to the respondent no. 4.

6. While so considering, if there is any doubt in the mind of the respondent no. 4 regarding the eligibility/entitlement of the petitioner to get payment on any the bills, it will be open to the respondent no. 4 to give a hearing to the petition on such count and come to a conclusion regarding the same. Upon such consideration, the respondent no. 4 shall ensure that the amounts admittedly due to the petitioner on such bills be disbursed to the petitioner at the earliest, positively within three weeks thereafter.

7. Insofar as the disputed amounts, if any, are concerned, it will be open to the parties to make appropriate claims before the competent civil forum for such amount.

8. There will be no order as to costs.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)