M/S Shanti Enterprises v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR ...

WPA/303/2021 M/s Shanti Enterprises ...

Petitioner Vs.

The Andaman and Nicobar Administration And others ... Respondents Mr. Tapan Kumar Das, Advocate ... for the petitioner Mr.S.Chakraborty, Mr.R.Agarwal, Advocates ... for the respondents December 17, 2021 [GNC] Item No.5 The petitioner seeks direction upon the authorities to act in terms of a writing dated April 1, 2021 issued by the Executive Engineer(Planning)-II, of office of the Chief Engineer, Andaman Public Works Department, Port Blair.

The respondents are represented.

Apparently, the petitioner worked as stevedore for the authorities. The bills for freight and stevedore raised on December 17, 2007 amounting to Rs.8,13,682.95 are pending. Learned advocate appearing for the respondents submits that there is an issue of limitation involved. According to him, there is no valid extension of period of limitation under the Limitation Act, 1963 read with the Contract Act, 1872 even by the writing dated April 1, 2021.

There are disputed question of facts involved in the present writ petition. The petitioner essentially wants payment of bills raised on December 17, 2007. There is an issue of limitation involved. The issue of limitation is a mixed question of fact and law. It would be inappropriate for the writ Court to decide such question without trial taking place.

In such circumstances, I am not minded to exercise jurisdiction under Article 226 of the Constitution of India in the present case.

This order will however not prevent the petitioner from filing appropriate proceedings before the appropriate Court for recovery of its claim, if there by any, in accordance with law. WPA/303/2021 is disposed of accordingly.

(Debangsu Basak, J. )