Madhuban Motors Private Limited And ANR v. Bengal Chemicals And Pharmaceuticals Limited

ORDER

OD-6 APOT/97 2022 IA NO: GA/1/2022, GA/2/2022 with WPO/1925/2022

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE MADHUBAN MOTORS PRIVATE LIMITED AND ANR.

VERSUS

BENGAL CHEMICALS AND PHARMACEUTICALS LIMITED

BEFORE:

THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA THE HON'BLE JUSTICE MD. SHABBAR RASHIDI DATE : 2ND SEPTEMBER, 2022 APPEARANCE:

Mr. Jishnu Saha, Sr. Advocate Mr. Shounak Mukhopadhya, Advocate Ms. Ankita Choudhury, Advocate ... for appellants.

Mr. Subhabrata Chowdhury, Advocate ..for Respondent The Court: Affidavit in opposition and affidavit in reply are taken on record.

This appeal is at the instance of the writ petitioner challenging the order of the learned single Judge dated 8th April, 2022 whereby WPO/1925/2022 has been dismissed.

The appellants had approached the Writ Court aggrieved with the cancellation of Notice Inviting Expression of Interest with the plea that the appellant was the highest bidder. Learned single Judge after examining the matter by making certain observations has dismissed the writ petition. Learned counsel for the respondent has pointed out that subsequent to the order of the learned single Judge, fresh bids were invited and the contract has been awarded, hence, undisputedly nothing survives on merit in this appeal.

Limited submission of learned counsel for the appellants is that certain observations have been made by the learned single Judge in the impugned order which may prejudice the appellants in future.

Learned counsel for the respondent does not dispute that there was no exchange of affidavits before the learned single Judge and the observations have been made only on the basis of the oral submissions. Hence, we find that the observations made in the order under appeal are tentative, only for the purpose of deciding the writ petition. With the aforesaid clarification, we dispose of the present appeal and the connected applications.

(PRAKASH SHRIVASTAVA, C.J.) (MD. SHABBAR RASHIDI, J.) sm/pa