Adprobus Technologies Private Limited And Another v. State Of West Bengal And ORS.

AD. 13.

January 4, 2021.

MNS.

W. P. A. 9679 of 2020 (Via video conference) ADPROBUS Technologies Private Limited and another Vs.

The State of West Bengal and others Mr. Badal Dhara ... for the petitioners.

Mr. Anand Keshari, Mr. Joy Shankar Mukherjee ...for the respondent no. 7.

Affidavit-of-service filed in Court today be taken on record.

Despite service, none appears on behalf of the respondents, barring respondent no. 7.

The grievance of the petitioners is that, despite the petitioners having been issued work order by respondent no. 6 in respect of a tender, the respondent no.

subsequently took possession of the building, which had been constructed by the petitioners in terms of the work order, and has been withholding the dues of the petitioners. With such grievance, the petitioners approached the police authorities, which resulted

in the police authorities trying to resolve the issue and undertaking enquiry.

Learned counsel for the petitioners submits that the police authorities may be directed to serve a copy of their enquiry report on the petitioners to enable them to take subsequent legal steps.

However, whatever steps are taken by the police authorities for resolution of the dispute, since the subject matter of the dispute arises from a contract between the private parties, it is beyond the authority of the police to conclusively determine the dispute. As such, no useful purpose will be served in directing the police authorities to decide the dispute, let alone give a copy of any enquiry held by the police authorities to either of the private parties, which report has no particular significance in law.

In such view of the mater, W. P. A. 9679 of 2020 is dismissed with liberty to the petitioners to approach an appropriate civil forum, if they so wish, for resolution and adjudication of their dispute vis-à-vis their contract with respondent no. 6.

There will be no order as to costs.

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.)