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BELA M. TRIVEDI, SATISH CHANDRA SHARMA
State of West Bengal – Appellant
Versus
Pam Developments Private Limited – Respondent
JUDGMENT :
SATISH CHANDRA SHARMA, J.
1. Leave granted.
2. The Appellants challenge order dated 08.01.2024 in G.A. No. 11 of 2022 in C.S. No. 102 of 2016 whereby and whereunder the Ld. Single Judge of the High Court at Calcutta allowed the application filed by the present Respondent/original Applicant seeking amendment of plaint and dispensed with the requirement of issuance of notice under Section 80 of the Code of Civil Procedure, 1908 [hereinafter “CPC”] for incorporating the amendment and prayer by way of amendment in the original plaint.
3. At the outset, it is imperative to take note of the relevant background facts and the chequered litigation history between the parties that are germane to the present dispute.
BACKGROUND
4. Appellant No. 4 / Superintending Engineer, Public Works Department [hereinafter “PWD”], Kolkata floated a tender on 04.12.2013 for the strengthening of the Howrah-Amta Road from 7.90 Km to 11.80 Km [hereinafter “the Project”]. The Respondent emerged as the successful applicant and accordingly, an agreement was entered into by Appellant No. 4 and the Respondent on 23.04.2014, wherein the stipulated date for completion was 19.08.2014. The work was not completed b
(1) Limitation – Cause of action is a bundle of facts giving rise to a legal right – Debarment orders form a continuous cause of action.(2) Section 80 of CPC is irrelevant in case of continuous cause....
The amendment sought by the plaintiff was a continuous cause of action and did not require a notice under Section 80 of the Code of Civil Procedure.
The court upheld the debarment of the petitioner for failing to submit a performance guarantee on time, affirming the procedural fairness and adherence to the RFP guidelines.
The court affirmed the importance of natural justice, ruling that repeated debarments were a result of legal mala fides and arbitrary actions by authorities, warranting the quashing of the debarment ....
(1) Debarment as a remedy is to be invoked in cases where there is harm or potential harm for public interest particularly in cases where person’s conduct has demonstrated that debarment as a penalty....
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