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2022 Supreme(Cal) 361

ARIJIT BANERJEE, RAI CHATTOPADHYAY
Bharati Enterprise – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Ms. Sanghamitra Nandy, Adv., for the Appellant; Mr. Sayantan Rakshit, Adv., Mr. Sirsanya Bandopadhyay, Adv. Corporation Mr. Arka Kumar Nag, Adv. Mr. Tirthankar Dey, Adv. Mr. J. Dey, Adv., Mr. Debabrata Saha Roy, Adv., Mr. Subhankar Das, Adv., for the Respondent

JUDGMENT

Arijit Banerjee, J. - These two appeals arise out of a judgment and order dated February 20, 2020, whereby two writ applications filed by the appellants being W.P. 2992 (W) of 2020 and W.P. 2995(W) of 2020, involving similar points of fact and law, were disposed of by granting liberty to the writ petitioners to take forward their claim for interest to an appropriate forum.

2. The appellants claim to have participated in a tender process initiated by the Bidhannagar Municipality (presently Bidhannagar Municipal Corporation, and in short 'BMC') in the year 2015. Two work orders were issued in favour of the appellants. They claim to have completed the work to the satisfaction of BMC in the year 2015 itself. However, their bills were not paid nor the security deposit and earnest money refunded. They made representations to the appropriate authorities which were in vain.

Accordingly, they approached the writ Court by filing two writ petitions being W.P. No. 29853(W) of 2017 and W.P. No. 29856 (W) of 2017. The primary prayer in such writ petitions was for a direction on the respondents to disburse the bills of the writ petitioners including security money along with 18 per cent int

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