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2022 Supreme(Cal) 608

SABYASACHI BHATTACHARYYA
Debashish Mitra – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Ranjan Kali, Mr. Mitul Chakraborty, for the Appellant; Mr. Shuvasish Sengupta, Mr. Soumyajit Mishra, for the Respondent

JUDGMENT

Sabyasachi Bhattacharyya, J. - The petitioner, being a proprietor of a firm carrying on business under the name and style of M/s. D. M. Enterprises, emerged successful in a tender floated by the respondent no.4 on June 9, 2020 and a provisional acceptance letter was issued to the petitioner on July 21, 2020. On the same date, the petitioner deposited a Performance Bank Guarantee of Rs.7,13,446/-.

2. The work order was issued in favour of the petitioner on July 31, 2020. An agreement was, accordingly, entered into between the parties on the same date.

3. Subsequently, the petitioner commenced the work in terms of such agreement, for maintenance and provisioning of land-line and broad- band network. However, due to subsequent difficulties faced by the petitioner, the petitioner gave a letter on August 24, 2020 intimating the respondent-authorities about the hindrance in the completion of the job.

4. Due to the natural calamity Amphan, on August 29, 2020 the petitioner further pointed out a set back to the work by his letter to the respondents.

5. The petitioner thereafter raised an invoice to the tune of Rs.5,80,326/-.

6. Subsequently, there was further correspondence between the

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