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TAPABRATA CHAKRABORTY, RAJA BASU CHOWDHURY
Lipi Sarkar – Appellant
Versus
West Bengal Industrial Infrastructure Development Corporation – Respondent
JUDGMENT
Raja Basu Chowdhury, J. - The present intra-Court mandamus appeal has been preferred challenging an order dated 25th February, 2019 passed in W.P. 22509 (W) of 2018 by which the learned Single Judge refused to the grant the reliefs, as prayed for, observing that the matter involves disputed questions of fact and that the parties would be at liberty to avail of their respective remedies, in accordance with law before the appropriate forum.
2. The appellant assails the aforesaid order inter alia on several grounds. It is the appellant's case that the appellant participated in an e- Tender for Green Power Solar Photo Voltaic Plant and energy efficient LED luminaries and emerged to be successful. A work order was issued on 1st July, 2016 and subsequently a contract was executed between the appellant and the West Bengal Industrial Infrastructure Development Corporation Ltd. (hereinafter referred to as the Corporation) on 11th July, 2016. To comply with the terms of the tender the appellant deposited earnest money to the tune of Rs. 10,57,249/-. According to the appellant the work was commenced on 8th July, 2016 and the same was duly completed on 15th November, 2017. The total val
The specific clauses of the contract and the completion certificate played a pivotal role in determining the appellant's right to refund the security deposit, while highlighting the Corporation's fai....
Point of law: Not only is the writ jurisdiction of this Court invoked in a purely contractual matter, having no colour of public law and the writ remedy is thus not maintainable.
The main legal point established is that the respondents were obligated to refund the entire security deposit within six months from the completion of the work, and any claim for deduction/appropriat....
Interest on security deposit is not payable unless the contractor fulfills the conditions specified for refund, which includes obtaining a Labour Clearance Certificate.
Refund of security deposit - General Conditions of Contract - Period of refund to commence, Contractor must make an application to Labour Officer for issuance of clearance certificate - Absence of su....
The main legal point established in the judgment is that the arbitrator's decision must be in accordance with the terms of the agreement, and failure to do so can result in the decision being set asi....
Premature termination of a contract does not grant right to forfeit the security deposit without proof of actual loss, as it constitutes a penalty under the contract law.
The withholding of security deposits without proven negligence is arbitrary, invalidating the corporation's set-off claims and violating natural justice principles.
The main legal point established in the judgment is the interpretation of contractual clauses and the burden of proof in establishing entitlement to claims.
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