Calcutta High Court (Appellete Side)
Kc Imeco Limited vs Steel Authority Of India Limited & Ors on 28 June, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
78
28.06.2019
W.P. No. 18995(W) of 2019
KC Imeco Limited
Vs.
Steel Authority of India Limited & Ors.
Mr. Soumabho Ghosh
Mr. Nikunj Berlia.
... for the petitioner.
Mr. Prantik Gorai.
... for the SAIL.
Supplementary affidavit filed in Court be taken on record.
The claim in the writ petition arises out of a contract
executed by the petitioner. According to the petitioner, despite
successful completion of the contract and despite the respondent
submitting Form 16A with the Income Tax Authority acknowledging the liability, a sum of Rs.21,68,521/- is yet to be paid.
Learned advocate for the respondent submits that, the sum is sought to be adjusted against the defect in execution of contract. Respondent is entitled to do so in terms of the contract.
The issues raised in the writ petition are such that, an opportunity should be afforded to the respondents to file affidavits.
Let affidavit-in-opposition be filed within four weeks from date; reply thereto, if any, be filed two weeks thereafter. The writ petition will be treated as 'ready for hearing' immediately on completion of the time period 2 prescribed for filing affidavits. Liberty to the parties to mention for early hearing.
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.)