Calcutta High Court (Appellete Side)
‐ vs ‐ on 13 March, 2015
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
13.03.2015.
rc
W.P. No. 6217(W) of 2015
Superfast Parcel Service Private Limited & Anr.
‐Vs‐
Union of India & Ors.
Mr. Pantu Deb Roy
Mr. Debabrata Saha Roy
Mr. R. Roy Chowdhury
Mr. Mainak Gupta ..For the petitioner
Mr. Saptarshi Roy ... For the UOI
This writ application is filed by the petitioner alleging in action
on the part of the respondent no. 2 in considering a representation
dated January 12, 2015 (annexure P‐3 at page 40 of this writ application). The above representation is filed by the petitioner to consider his prayer of one time temporary extension of the leasing contract for FSLR of 12810 up Howrah to CSTA (which is valid till March 20, 2015) for a further period of three months on the ground of non‐finalisation of a new contract in respect of the leasing contract under reference.
It is submitted by the learned counsel appearing on behalf of the respondents that the occasion for extension of the period will arise after expiry of the last date of the contract under reference after March 20, 2015 in the event the new contract is not finalised within the aforesaid date.
It is further submitted by him that the petitioner is not a participant in the tender process in respect of the lease contract under reference for the period from March 21, 2015.
It is submitted by him that though the new contract has not yet been finalised but the process of finalisation of the new contract in respect of lease contract under reference is under process. The tender documents in connection with the above process have already been 2 opened. The highest rate of freight charge offered in respect of the above lease contract for the period from March 21, 2015 is Rs. 27,985.00.
Considering the submissions made on behalf of the petitioner that they are ready and willing to pay freight charges at the rate of Rs. 27,985.00 for operating during the extended period, I direct the respondent no. 2 to take a decision in respect of the above representation of the petitioner within a period of seven days after expiry of the existing contract under reference on March 20, 2015 provided the new contract is not finalised within the aforesaid period.
It is made clear that in the event of rejection of the above representation of the petitioner considering the same in accordance with law for such extension on payment of freight charges at the rate mentioned hereinabove the respondent authority will communicate his decision to the petitioner within the period of further one week after giving the petitioner an opportunity of hearing.
It is also made clear that after the expiry of the period of the contract of the petitioner on March 20, 2015 the respondent authority will be at liberty to take interim measures after arriving at a conclusion with regard to the above representation of the petitioner in terms of the directions given hereinabove.
Since no affidavit in opposition is filed by the respondents the allegations made against them are to be treated as denied by them.
I make it clear that I have not entered into the merits of this case and all points are kept open.
This writ petition stands disposed of.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. ) 3