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2022 Supreme(Cal) 1386

SABYASACHI BHATTACHARYYA
Goswami Electrical and Construction – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent


Advocates Appeared:
For the Petitioners: Mr. Soumya Majumdar, Mr. Sougata Mitra, Ms. Ankita Dey.
For the WBSEDCL : Mr. Sumit Kumar Panja, Mr. Sumit Ray.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The petitioner is a Proprietorship Firm represented by its sole proprietor Arup Kumar Goswami. The said Firm is a contractor under the West Bengal State Electricity Distribution Company Limited (WBSEDCL). On a tender being issued on July 10, 2015 by the WBSEDCL for maintenance of 33KV, 11KV and LV Lines and installations, air-conditioning equipment, recording of various measurement, inter-communication system, operation and maintenance of water-supply system, etc., the petitioner participated in the same and came out the successful bidder.

2. The said job was awarded to the petitioner. The contract stipulated its period to be two years, extendable for a further period of six months by the Ordering Authority with the same terms and conditions.

3. Accordingly, on September 1, 2015, the WBSEDCL issued a Work Order to the petitioner to perform the job.

4. Subsequently, on the instruction of Officials of WBSEDCL, the petitioner continued as per the terms and conditions of the Contract to do the job. The petitioner contends that the WBSEDCL Officials had requested the petitioner in several meetings held between the petitioner’s proprietor and the WBS

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