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2024 Supreme(Cal) 64

KRISHNA RAO
Pam Developments Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Plaintiff’s : Mr. Priyankar Saha, Mr. Amritam Mondal.
For the Defendants : Mr. Samrat Sen, Sr. Adv., Mr. Deepnath Roy Choudhury, Ms. Nilanjana Adhya, Mr. Paritosh Sinha, Mr. Arindam Mandal, Mr. Sourya Samanta.

JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the present application being G.A No. 11 of 2022 seeking amendment by incorporating some averments and prayers in the plaint. The plaintiff has filed the suit against the State Authorities praying for the following reliefs:

    “a) Declaration that the orders imposing penalty under Clause 2(a) of the contract aggregating to Rs. 48,76,035.00 are wholly illegal, null and void and not binding upon the plaintiffs.

b) The said purported orders being imposing penalty under Clause 2(a) to be delivered up and cancelled;

c) Declaration that the purported memo No. 1021/R-131 dated 29.05.2015 rescinding the contract is wholly illegal, null and void and not binding upon the plaintiffs;

d) The said purported memo No. 1021/R-131 dated 29.05.2015 be delivered up and cancelled;

e) Declaration that the Memo No. 126-E-in-c/2016 dated 8th March, 2016 was issued by the Engineer-in-Chief & Ex-Officio Secretary, PWD, Nabanna is wholly illegal, null and void and not binding upon the plaintiffs;

f) The said purported Memo No. 126-E-in-c/2016 dated 8th March, 2016 was issued by the Engineer-in-Chief & Ex-Officio Secretary, PWD, Nabanna be delivered up and ca

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