Mageba Bridge Products Private Limited And ANR. v. West Bengal Small Industries Development Corporation Limited And ORS.

OD-3 WPO No.274 of 2025

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE MAGEBA BRIDGE PRODUCTS PVT. LTD. & ANR.

-Vs- WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED & ANR.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date : 8th May, 2025.

Appearance:

Mr. Bikash Ranjan Bhattacharyya, Sr. Adv.

Mr. Sushouit Dutt Majumdar, Adv.

Mr. Sarosij Dasgupta, Adv.

Ms. Mini Agarwal, Adv.

Ms. Rajeshwari Prasad, Adv.

...for the Petitioners.

Mr. Mahendra Prasad Gupta, Adv.

Ms. Abhishek Sikdar, Adv.

Ms. Moumita Dhar, Adv.

Ms. Madhumita Debnath, Adv.

...for the Respondents.

1.

In response to a notice inviting bid dated 3rd March, 2025, the petitioner filed its bid before the scheduled time i.e., 2:00 P.M. on 12th March, 2025.

2.

Allegation of the petitioner is that the authority accepted the bid of participants after expiry of the scheduled time period. 3.

A complaint was lodged by the petitioner on 12th March, 2025 at 7:44 P.M. The said complaint was replied by the authority on 13th March, 2025 at 12:43 P.M. denying the allegation made by the petitioner. 4.

The petitioner thereafter made further complaint with a request to check the CCTV footages to ascertain as to whether any bid was accepted beyond the stipulated time period. The said representation dated 26th March, 2025 is pending consideration.

5.

Prayer has been made to direct the authority to consider the said representation.

6.

Learned advocate representing the West Bengal Small Industries Development Corporation Limited denies the allegation of the petitioner. It has been submitted that no bid was accepted beyond the stipulated date and time. It has been submitted that the petitioner has approached this Court at a belated point of time for which the writ petition ought not to be entertained.

7.

After hearing of both the parties and on perusal of all documents it appears that the petitioner ought to have approached the Court at an earlier point of time. As it has been submitted that no further steps have been taken after the bid was opened, accordingly, without entering into the merit of the claim of the petitioner, the instant writ petition is disposed of by directing the respondent no.2 being the Managing Director of the West Bengal Small Industries Development Corporation Limited to consider the representation filed by the petitioner on 26th March, 2025 and to ascertain as to whether any bid was accepted beyond the stipulated time period. The CCTV footages may be viewed to ascertain proper fact. If the allegation of the petitioner appears to be true, then necessary remedial measures shall be taken.

8.

The aforesaid exercise shall be concluded at the earliest, but positively within a period of fourteen days from the date of communication of this order. A reasoned order shall be passed and communicated to the petitioner.

9.

The writ petition stands disposed of.

10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm