The Anandabag Tea Company Limited And ANR v. Syama Prasad Mookerjee Port Kolkata

OD 1 WPO/1710/2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE THE ANANDABAG TEA COMPANY LIMITED AND ANR VS SYAMA PRASAD MOOKERJEE PORT KOLKATA

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 18th October, 2023.

Appearance:

Mr. Syed E. Huda, Adv.

Ms. Niharika Singh, Adv.

Ms. Rupal Singh, Adv.

Mr. Ashok Kumar Singh, Adv.

. . .for the petitioner.

Mr. Subhankar Nag, Adv.

Mr. Abhishek Banerjee, Adv.

. . .for the respondent.

The Court: The petitioner has virtually challenged a monetary claim by the respondent authorities. Learned counsel for the petitioner contends that the petitioner seeks details and the basis of such claim by the respondent authorities.

Learned counsel for the respondent authorities points out that the document annexed at page 152 is a notice regarding accounts of the petitioner with SMPK, that is, the Syama Prasad Mookerjee Port, Kolkata, where the details of the claims have been elaborately given.

It transpires from the chart annexed at 152 that the details of the claims of the SMPK have been disclosed therein. However, in the event the respondents have any dispute regarding the same, it will always be open to the respondents to contest any proceeding, if initiated in due course of law by the SMPK for recovery of such amount. However, the present writ petition is premature and not maintainable, since no statutory or constitutional right of the petitioner has been violated.

Accordingly, WPO 1710 of 2023 is dismissed in the light of the above observations.

No order as to costs.

Urgent certified website copy of this order, if applied for, be made available to the parties subject to compliance with the requisite formalities. (SABYASACHI BHATTACHARYYA, J.) sp/