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Calcutta High Court (Appellete Side)

M/S. Bma Stainless Limited & Anr vs The State Of West Bengal & Ors on 4 September, 2017

Author: Aniruddha Bose

Bench: Aniruddha Bose

                                               1
08   04.09.17.                      M.A.T. 1437 of 2017.
ab                                  C.A.N. 8312 of 2012

                             M/s. BMA Stainless Limited & Anr.
                                           Vs
                             The State of West Bengal & Ors.



                       Mr. Pratap Chatterjee, Sr. Advocate
                       Mr. Shyamal Sarkar
                       Mr. Rajesh Gupta
                       Mr. Amitava Mitra
                       Mr. A. Chakraborty
                       Mr. Parag Chaturvedi
                                           ... For the Petitioners.

                       Mr. Tapan Mukherjee
                       Mr. Prithu Dudhoria
                                          ... For the State.


                       The present appeal is against a judgement and order of the

                 learned First Court sustaining, in substance action of the

                 authorities in rejecting the appellants' claim for disbursement of

                 certain sum of money under the West Bengal Incentive Scheme,

                 2004. The authorities have also demanded a sum of Rs. 679.85

                 lacs, which according to them constitutes excess payment.

                         We shall hear out the appeal along with the stay petition on

                 25th October, 2017. There shall be an ad-interim order to the effect

                 that the respondents shall not take any coercive step for recovery of

the amount which is the subject-matter of this appeal, without leave of this Court until 31st October, 2017. We are passing the ad- interim order as we are apprised by Mr. Chatterjee, learned Senior Counsel that the demand against the appellant stood suspended before the learned First Court till the date the judgement was pronounced.

(Aniruddha Bose, J.) (Joymalya Bagchi,J.) 2