Calcutta High Court (Appellete Side)
Society Limited & Anr vs The State Of West Bengal & Ors on 23 July, 2019
Author: Arijit Banerjee
Bench: Arijit Banerjee
12.
23-07-2019
debajyoti/kole
MAT 599 of 2019
with
CAN 4636 of 2019
Sagar Thana Primary Cooperative Marketing
Society Limited & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Bikash Ranjan Bhattacharjee,
Mr. Pradip Kumar Roy,
Ms. Shraboni Sarkar
.... For the Appellants.
Mr. Susovan Sengupta,
Mr. Sanjay Saha
.... For Respondent Nos.3 to 8.
We have heard learned Senior Counsel for the appellants. We have also heard learned counsel for WBECSC.
The sum and substance of this appeal revolve around the modality of ensuring properly operational public distribution system by due procurement and providing the products with government support pricing policy at the hands of the Union Government and the State Government.
We, therefore, think that before we proceed to adjudicate the matter, it will be convenient if the WBECSC provides a platform where the appellants would be permitted to carry out a negotiation on the basis of the records of WBECSC since continuance of such litigations relating to the food sector is not conducive to the progression of any society where the purpose of such contracts is to provide due modality of answering the need of food of the people.
Therefore, the appellants may appear before the Managing Director of WBECSC Limited who will provide an opportunity of a negotiated consideration on the basis of the books of records of WBECSC Limited, if necessary, with other officers of the institution including from the accounts section. We say this more particularly because it is the contention of the appellants that income tax was deducted at source to their information. We have also seen the earlier orders issued during the course of the writ petition.
The meeting between the appellants and the Corporation shall take place on 30th July, 2019 at a time to be intimated to the appellants by the Corporation.
The appellants and the WBECSC will, if necessary, utilize the assistance of any advocate who may be appearing for them in such negotiation.
Post the matter on 06th August, 2019.
( Thottathil B. Radhakrishnan, C.J. ) ( Arijit Banerjee, J. )