Litigants should not suffer due to administrative errors, justifying transfer of case for timely resolution.

09.09.2025 Court No.6 BP C.O. 1562 of 2025 With CAN 1 of 2025 Damodar Valley Corporation -versus-

Bharat Hi-Tech Cement Private Limited Mr. Rajarshi Dutta Ms. Pooja Chakrabarti Mr. Somdutta Bhattacharya Ms. Arati Bhattacharya Mr. Aritra Deb … for the petitioner Mr. Joydip Kar, Sr. Advocate Mr. Nilay Sengupta Mr. Sujit Banerjee Mr. Pallav Choudhury ..for the opposite party Mr. Dutta, learned advocate appearing for the petitioner draws the attention of the Court to a typographical error which has crept in the order dated 2^nd September, 2025 wherein it was inadvertently recorded that the affidavit of service filed in Court today is taken on record. It is recorded that on that date the supplementary affidavit was filed in Court which was taken on record. Let such error be rectified.

Let this portion of the order form part of the order dated 2nd September, 2025.

This Court, by an order dated 12.06.2025, granted liberty to the petitioner to approach the learned President of the State Consumer Disputes Redressal Commission, West Bengal (for short “the State Commission”) with an appropriate application for transfer of the pending proceedings from the Asansol Circuit Bench to the Principal Bench.

Since the petitioner could not file the transfer application through online mode as the system indicated certain error messages, this Court by an order dated 09.07.2025 requested the President of the State Commission to look into the matter and sort out the problem so that the application can be heard out and decided on merit.

However, the petitioner approached this Court again on 24.07.2025 as the petitioner could not file the transfer application through online mode. This Court, by an order dated 24.07.2025, permitted the petitioner to file the transfer application in physical form and the State Commission was directed to accept the same and to place the matter before the appropriate bench.

Petitioner filed CAN 1 of 2025 praying for recall of the order dated 24.07.2025.

Mr. Dutta, learned advocate appearing for the petitioner submits that in spite of a specific direction passed by this Court by an order dated 24th July, 2025 to file the transfer application in physical form before the West Bengal State Consumer Dispute Redressal Commission, the filing of the transfer application in physical form was not accepted by the concerned department of the West Bengal State Consumer Dispute Redressal Commission. A copy of the transfer application which was sought to be filed before the State Commission has been produced before this Court which is taken on record. A copy of such transfer application has already been served upon the learned advocate on record of the opposite party today (09.09.2025). In the said application the petitioner has prayed for the following reliefs:

“a. Allow the present Transfer Application;

b. Pass an order transmitting the entire records of the Revision Application being R.P. No. 18 of 2024 [Damodar Valley Corporation v. Bharat Hitech Cement Private Limited] and Appeal No. 28 of 2024 [Damodar Valley Corporation & Ors. v, Bharat Hi-Tech Cement Pvt. Ltd.] along with the connected applications in both the proceedings from the Asansol Circuit Bench of the Hon’ble State Consumer Disputes Redressal Commission, West Bengal to the Principal Bench of the Hon’ble State Consumer Disputes Redressal Commission, West Bengal; c. Pass an order fixing a date for the hearing of the Revision Application being R.P. No. 18 of 2024 [Damodar Valley Corporation v. Bharat Hitech Cement Private Limited] by the Principal Bench of the Hon’ble State Consumer Disputes Redressal Commission, West Bengal; d. Pass an order fixing a date for the hearing of the Appeal No. 28 of 2024 [Damodar Valley Corporation & Ors. v. Bharat Hi-Tech Cement Pvt. Ltd.) and connected applications by the Principal Bench of the Hon’ble State Consumer Disputes Redressal Commission, West Bengal; e. Pass such other/further order/directions, which this Hon’ble State Commission may deem fit