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CALCUTTA HIGH COURT - APPELLATE SIDE
Arijit Banerjee, Apurba Sinha Ray, JJ
Union of India – Appellant
Versus
M/s. M.K. Basu – Respondent
| Table of Content |
|---|
| 1. overview of case background and agreement terms. (Para 2 , 3) |
| 2. challenges to maintainability and contractual obligations. (Para 4 , 5 , 6 , 8) |
| 3. jurisdiction of writ court on contractual matters. (Para 10 , 21 , 24 , 28) |
| 4. judgment on maintainability grounded in law. (Para 13 , 35 , 36 , 37) |
| 5. final judgment and dismissal of appeals. (Para 38) |
2. ( Re: Hospital Road Lake, Petrol Pump Lake and Office Road Lake) a) The writ petitioners have entered into an agreement with Chittaranjan Locomotive Works (CLW in short) for performance of the works of “cleaning and fishing rights of the hospital road lake, petrol pump lake and office road lake” vide agreement being No. CE/B/17/2019-2020 dated 27.08.2019 for a period of three years with a provision for extension of licence period for one or two years more, on payment of licence fees. Due to intervention of the Covid-19 Pandemic, the writ petitioner’s business had suffered losses and for which requests were made from the side of the writ petitioners to the respondent for reducing license fees or to extend the payment schedule but the respondent railway authorities did not pay any heed to such requests of 3 the writ petiti
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