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2007 Supreme(Gau) 151

AMITAVA ROY
West Bengal State Electricity Board – Appellant
Versus
Shanti Conductors Pvt. Ltd. – Respondent


JUDGMENT

Amitava Roy, J.

1. The petitioners seek a declaration that the Court of the learned Civil Judge (Senior Division) No. 1, Kamrup, Guwahati lacks territorial jurisdiction to try Title Suit No. 101/1996 instituted by the Opposite Party. They contend that, inspite of the objection to its competence having been raised at the earliest, the learned Court below has failed to attend to the plea. The supervisory jurisdiction of this Court under Article 227 of the Constitution of India has thus been resorted to.

2. I have heard Mr. S.R. Bhattacharjee, Senior Advocate assisted by Mr. T.K. Ghosh and Mr. S. Bhattacharjee, Advocates for the petitioners and Mr. S.R Roy, Advocate for the Opposite party.

The factual background of the aforementioned suit may, at the threshold, be stated. The petitioners, on 27.02.1990 had floated a tender inviting sealed bids for supply of 5000 K. Ms 30 Sq. mm "Weasel" conductors (H 0037008) in connection with Minor Irrigation Projects under the World Bank Scheme. The Opposite Party having responded to the process, it was eventually selected and was favoured with the purchase order dated 22.11.1990 for delivery of the aforementioned materials. The Opposite Party















































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