Coochbehar Construction Company Engineers And Contractor v. The State Of West Bengal And ORS

Calcutta High Court 03.11.2022 In the Circuit Bench at Jalpaiguri Sl no. 02 Appellate Side Ct no. 2 P.B WPA 1334 of 2022 Coochbehar Construction Company Engineers & Contractor -VsState of West Bengal & Ors.

Mr. Subinay Dey, ... for the petitioner Mr. Subir Kumar Saha (AGP), Mr. Bikramaditya Ghosh .... For the State Mr. Pretom Das ........ For Municipality Heard learned advocates appearing for the parties.

Considering the prayer made in the writ petition it appears that petitioner has sought relief of recovery of money arising out of a contract relating to the work orders executed sometimes in the year 2007 and 2008. This writ petition purely relates to recovery of money relating the work done on the basis of a contract in question.

It is a well settled principle of law that writ court is not the appropriate forum for relief against recovery of money arising out of a contract and the

appropriate forum for relief in such type of cases is by way of filing money suit before a Civil Court. Moreso, money claim made in this writ petition is hopelessly barred by limitation since it appears from record particularly a document issued by the Municipal authority dated 27th January, 2011 upon which petitioner wants to rely and contends that it is an admitted due. Even if the Municipality has accepted the same, had the petitioner moved the Civil Court for recovery of money today on the basis of the aforesaid letter dated 27th January, 2011, it had already become time barred.

In view of the facts and circumstances as appears from record and the discussions made above, I am not inclined to grant any relief in this writ petition being WPA of and accordingly the same is dismissed.

However, dismissal of this writ petition will not prevent the petitioner to avail the remedy in accordance with law before any other forum if so available.

(Md. Nizamuddin, J.)