Saptarathi Satiar v. State Of West Bengal

21.06.2024 KB In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 27706 of 2023 Saptarathi Satiar -versus The State of West Bengal & Ors.

Mr. Ranojoy Chatterjee, Mr. Tamal Singha Roy.

...For the Petitioner.

Mr. Rajarshi Basu, Mr. K.M. Hossain.

...For the State.

Ms. Tannya Baranwal.

...For the Respondent Nos. 4, 5 and 6.

Over the alleged inaction on the part of the respondent nos. 4, 5 and 6 to refund a part of the security deposit to the petitioner on account of resignation from the distributorship, the petitioner lodged a complaint before the police.

The writ petition has been filed alleging inaction on the part of the police in taking steps in response to the complaint lodged.

Learned advocate appearing on behalf of the private respondents submits upon instructions, that LPG Distributorship agreement entered in between the petitioner and the private respondents on 2nd May, 2022 contains the process according to which a distributor may exit. There is a provision for arbitration in the event there is any dispute or differences in

between the parties in connection with the said agreement.

It has been submitted that the petitioner did not avail any of the remedies as mentioned in the distributorship agreement.

It has been submitted that the legal notice which was submitted by the petitioner was duly replied to and the petitioner was requested to act in accordance with the terms and clauses of the distributorship agreement. Upon hearing the parties and on perusal of the materials on records, it appears that there was an agreement between the parties and the parties are bound by the terms and conditions of the said agreement.

In the event any of the parties allege violation of the agreed terms and conditions, then the proper procedure is to avail the remedy laid down in the distributorship agreement. There is a provision for arbitration and a detailed clause relating to the exit process. Direction upon the police is not called for in this case.

The Court does not find any reason to exercise jurisdiction in the matter.

The writ petition stands dismissed.

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

( Amrita Sinha, J.)