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2023 Supreme(Cal) 907

RAI CHATTOPADHYAY
Hindustan Insecticides Ltd. – Appellant
Versus
Global Adsorbents Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Biswajit Manna, Mr. Somnath Roy.
For the Respondent: Mr. Shahjahan Hossain, Ms. Sanjida Sultana, Mr. Prithwiraj Biswas.

JUDGMENT :

Rai Chattopadhya, J.

(1) This revision is directed against the proceedings which was initiated against the present petitioners pursuant to a complaint filed by the de facto complainant on 16th June 2016, in the court of Chief Metropolitan Magistrate at Calcutta. Petitioners are the directors/government servants working for gain with the opposite party No.1 company, that is, Hindustan Insecticides Limited having its registered office at New Delhi.

(2) Crux of the allegation against the petitioners as enumerated in the 6 page long complaint may be stated to be that the complainant once were induced by the petitioners to deliver goods. Subsequently the petitioners floated tenders when the defecto complainant participated and emerged to be the ‘LI’ bidder. Pursuant to the work order, the defacto complainant supplied goods. Allegedly the petitioners refused to accept the supplied goods on the pretext of that being of inferior quality. Quality was ascertained after quality control checking tests. The de facto complainant has supplied goods of a sum of Rs. 1,75,440/-. However even after rejecting the goods, those were not returned back to the defacto complainant. The money was als

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