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2024 Supreme(Cal) 1458

JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Roxy Enterprises – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Kunaljit Bhattacharjee, Sourav Ganguly, Alok Sah, Rishita Chakraborty
For the Respondents: Bikramaditya Ghosh, Supriya Singh, Hirak Barman, Momenur Rahman

JUDGMENT :

JOYMALYA BAGCHI, J.

1. Leave is granted to the learned Advocate-on-record for the appellant to correct the cause title in course of the day.

2. A brief factual sketch leading to the appeal is as follows:

    In response to a notice inviting pre-qualification-cum-tender (two cover system) published by the Alipurduar Zilla Parishad, the appellant submitted its bid for repair of road from Salkumarhat near Dijarajghat to Bhandani temple via Bangdaki Forest under Salkumar-II GP of Alipurduar-I PS within Alipurduar Zilla Parishad. The work was to be completed within 120 days. The terms and conditions mentioned in the notice, inter alia, provided if the work was not completed by the contractor within the stipulated time frame, necessary penal measure in the tune of deduction of an amount as decided by the Artha Sanstha Unnayan-o-Parikalpana Sthayee Samity of Alipurduar Zilla Parishad will be imposed. Running payments shall be made as per norms and availability of funds.

3. By Memo dated 03.03.2020, Executive Engineer (P & RD), Alipurduar Zilla Parishad issued work order in favour of the appellant. He was requested to take up the work within seven days from the date of issuance of the le

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