West Bengal Industrial Development Corporation Ltd. Vs Electrosteel Castings Ltd. and Ors. — Calcutta HC (2025) — LawSathi Research

West Bengal Industrial Development Corporation Ltd. Vs Electrosteel Castings Ltd. and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing both appeals condoned; appeals disposed of as nothing survives following the Director of Industries' compliant reasoned order dated 30.10.2024; liberty reserved to the respondents/writ petitioners to challenge that order in the manner known to law; legal issues raised left open; connected stay applications disposed of.

Issue for consideration

Challenge by WBIDCL (APOT/357/2024) and the State of West Bengal (APOT/213/2024) to the learned Single Bench's order dated 25 September 2023 in WPO 2336/2022 directing reconsideration of the writ petitioners' application for amendment of Registration Certificate. +1 more

Ratio / Principle

The delay in filing both appeals - 346 days in the WBIDCL appeal and 208 days in the State of West Bengal's appeal - is condoned, considering certain subsequent developments and being satisfied with the reasons given.

Key takeaways

Nothing survives in both the appeals to be decided, since the authority (respondent No.2) has already complied with the Single Bench's direction and taken a decision.ratio¶23
It is well open to the respondents/writ petitioners to challenge the decision of the Director of Industries, West Bengal dated 30.10.2024 in the manner known to law.ratio¶24
The legal issues raised in these appeals are left open.

Detailed headnote1 paragraphs

Calcutta High Court, Appellate Original Side (T.S. Sivagnanam, CJ and Chaitali Chatterjee (Das), J., 26 March 2025): Two time-barred appeals - APOT/357/2024 by West Bengal Industrial Development Corporation Limited (delay 346 days) and APOT/213/2024 by the State of West Bengal and Anr. (delay 208 days) - against the learned Single Bench's order dated 25 September 2023 in WPO 2336/2022, which had directed the Director of Industries (respondent No.2) to reconsider Electrosteel Castings Limited's application for amendment of its Registration Certificate and pass a reasoned order within a time-frame. Delay condoned. During pendency, the Director of Industries complied and, by reasoned order dated 30.10.2024, held the writ petitioner ineligible for a registration certificate under the West Bengal Incentive Scheme, 2004 and cancelled and revoked the Registration Certificate issued on 4.3.2005 (amended by order dated 20.1.2006). Held, nothing survived in the appeals; both appeals and connected stay applications disposed of; liberty reserved to the writ petitioners to challenge the order dated 30.10.2024 in the manner known to law; legal issues raised in the appeals left open.

OD-2&3

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE

APOT/357/2024 IA NO: GA/1/2024

WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LIMITED VS.

ELECTROSTEEL CASTINGS LIMITED AND ORS.

WITH

APOT/213/2024 IA NO: GA/1/2024

THE STATE OF WEST BENGAL AND ANR. VS.

ELECTROSTEEL CASTINGS LIMITED AND ORS.

BEFORE :

THE HON’BLE THE CHIEF JUSTICE T.S. SIVAGNANAM AND

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS) Dated : 26^TH MARCH, 2025

Appearance: Mr. T. M. Siddiqui, Adv. Mr. Tanay Chakraborty, Adv. Mr. Suddhadev Adak, Adv. ..for the WBIDCL

Mr. Debangshu Dinda, Adv. …for State

Mr. Arif Ali, Adv. Mr. Prabhat Kr. Srivastawa, Adv. Ms. Ankita Singh, Adv. …for Respondents

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THE COURT: Both these appeals have been preferred against the order dated 25^th September 2023 in WPO 2336/2022. The appeal filed by West Bengal Industrial Development Corporation Limited is time barred and there is a delay of 346 days. The appeal filed by the State of West Bengal is also time barred and there is a delay of 208 days.

Considering certain subsequent developments and also being satisfied with the reasons given, the delay in filing both the appeals is condoned.

We have heard Mr. Tanay Chakraborty, learned Advocate appearing for WBIDCL, Mr. Debangshu Dinda, learned Advocate appearing for the State and Mr. Arif Ali, learned Advocate appearing for the respondents.

The learned Single Bench in the impugned order had directed the respondent No.2, namely, the Director of Industries to reconsider, in the light of the observations made in the impugned order, the application for amendment of Registration Certificate filed by the writ petitioners which was refused by the decision impugned in the writ petition by taking into consideration all the documents produced by the writ petitioners on such score. The respondent No.2 was directed to pass a reasoned order within a time-frame. During the pendency of this appeal, the respondent No.2 has complied with the direction and passed a reasoned order on 30.10.2024, by which it was held that the writ petitioner is not eligible for registration certificate under the West Bengal Incentive Scheme, 2004 and the Registration

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Certificate which was issued on 4.3.2005, subsequently amended by order dated 20.1.2006, was cancelled and revoked.

In the light of the fact that the authority has already complied with the order and a decision has been taken, nothing would survive in both the appeals to be decided.

It is well open to the respondents/writ petitioners to challenge the decision of the Director of Industries, West Bengal dated 30.10.2024 in the manner known to law.

With the above observations, the appeals stand disposed of.

The legal issues which have been raised in these appeals are left open.

The connected stay applications are also disposed of.

(T.S. SIVAGNANAM, CJ.)

(CHAITALI CHATTERJEE (DAS), J.)

sm /SN