Single-bench order in a writ petition where the petitioner, a generator supplier, claimed an enhanced rate. The court directed the Branch Manager to consider fresh comprehensive representation on merits within a week.
Directed Respondent No. 6 to consider fresh comprehensive representation within a week and take a decision on merits.
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CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE
22.11.2021 Crt. No.1. K.B./b.r. Item No.3
W.P.A. 945 of 2021
Sibesh Chakraborty -Vs.-
The Union of India & Ors.
Mr. Jagriti Mishra Mr. Debayan Goswami Mr. Subham Gupta ........for the petitioner.
Mr. Sudipto Mazumdar Mr. Arijit Ghosh .... for the Union of India
Ms. Suman Sehanabis Mr. Jiban Krishna Chakraborty .... for the Central Bank.
Party/parties is/are represented in the order of their name/names as printed above in the cause title.
The petitioner is a supplier of generator sets to the respondent/the Central Bank of India.
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The petitioner claims not to have
received the enhanced rate for the generator sets and ancillary items such as diesel etc., although agreed by and between the parties in writing by way of a formal agreement.
On behalf of the Bank, learned Counsel contends that the petitioner has failed to meet the basic criteria required to be performed prior to claiming the enhanced rate. Learned Counsel relies upon a communication of the Bank dated the 17th of December, 2018 to the petitioner.
The State is also represented by learned Counsel.
Having heard the parties and considering the materials placed, this Court is of view that at this stage the ends of justice will be subserved in the event the Respondent no. 6/the Branch Manager of the Bank, Tufanganj Branch, District- Cooch Behar is directed to consider a fresh comprehensive representation addressed to the Respondent no.6/the Branch Manager, Central Bank of India.
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The Respondent no.6/the Branch Manager shall take a decision on the comprehensive representation within a week of acknowledgement of receipt of the same by his office.
Needless to add the decision shall be taken on merits.
Affidavits are neither necessary nor invited. Other allegations are deemed to be denied and disputed.
WPA 945 of 2021 stands thus disposed of.
All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on compliance of all necessary formalities.
(Subrata Talukdar, J.)
1 issue framed by the court
Whether the petitioner, a generator set supplier, is entitled to the enhanced rate agreed in writing given the Bank's previous communication regarding unmet criteria.
Sibesh Chakraborty
The Union of India
Central Bank
Subrata Talukdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
