Calcutta High Court (Appellete Side)
Coochbehar Auto Works vs The State Of West Bengal & Ors on 28 March, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
12
28.03.2017
C.A.N. 2110 of 2017
KC in
W.P. 27548(W) of 2016
Coochbehar Auto Works
Vs.
The State of West Bengal & Ors.
Mr. Sabyasachi Mukhopadhyay.
... for the petitioner.
Mr. Ashok Kumar Banerjee.
... for the respondent no. 7.
C.A.N. 2110 of 2017 This is an application for appropriate order. The petitioner seeks an interim order restraining the private respondents from supplying in terms of a tender to the authorities.
Learned advocate for the petitioner refers to the interim order dated December 15, 2016. He submits that, further interim order was not granted on the ground that, the private respondent had claimed that it had supplied 80 per cent of equipment in the tender. Learned advocate for the petitioner has since obtained an information under the Right to Information Act, 2005 which shows that, the private respondent is yet to supply such quantum of the tender items.
Learned senior advocate for the private respondent disputes such contentions. He submits that, the petitioner is not entitled to any 2 further interim order. The interest of the petitioner stands protected by the interim order dated December 15, 2016.
I have considered the rival contentions of the parties and the materials made available on record.
The petitioner had sought for an interim order on December 15, 2016 in the writ petition. The Court being prima facie satisfied had passed an order directing that the selection and issuance of supply and delivery of irrigation equipment in favour of the private respondent shall abide by the result of the writ petition. Directions for filing affidavits were given.
Essentially the petitioner seeks an embargo on the working of the tender by the interim order sought for herein. Balance of convenience is not in favour of the petitioner. The contract is for supply of irrigation equipment. If an interim order is passed, the work of irrigation at the subject district might suffer.
In such circumstances, I am not minded to pass any further interim order as the petitioner is already protected.
C.A.N. 2110 of 2017 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.) 3