Calcutta High Court (Appellete Side)
Ltd. & Anr vs The State Of West Bengal & Ors on 11 February, 2020
Author: Arijit Banerjee
Bench: Arijit Banerjee
1
11.02.2020
item No.7
Ct. No.1
AD & Saswata
CAN 4636 of 2019
in
FMA 860 of 2019
Sagar Thana Primary Co-operative Marketing Society
Ltd. & anr.
-vs-
The State of West Bengal & ors.
Mr. Pradip Kr. Roy
Ms. Shraboni Sarkar
... For the appellants
Mr. Susovan Sengupta
Mr. Sanjay Saha
... for respondent nos. 3-8/WBECSC
Exception to the order sheets of the Managing Director, WBECSC, filed on behalf of the appellants in Court today be kept with the record.
We have heard certain submissions of learned counsel for appellants and the learned counsel for the WBECSC.
The fact of the matter remains that an amount of Rs.44,90,120/- stated in the order dated 12.09.2019 has been paid to the petitioner on 26.09.2019. According to the petitioners, such amount was payable on 04.02.2015, the date of the bill. It is pointed out that there is a contract clause enabling the petitioner to claim interest at Government of India rate. 2 Learned counsel for the WBECSC submits that he will file rejoinder to the further response placed by the petitioners. Be that as it may, as of now, if we were to quantify the interest on the basis of the aforesaid factors on our presumption, we may take it that the principal sum is Rs.44,90,121/-. The number of years for which interest has to be paid is 54 months divided by 12 and the rate of interest will be something around 6 to 7 per cent.
For further response and also specific submission on the issues involved in the appeal, we grant an adjournment.
In the meantime the WBECSC shall be at liberty to file a rejoinder to the exception filed on behalf of the appellants.
Post this matter on 03.03.2020.
(Thottathil B. Radhakrishnan, CJ.) (Arijit Banerjee, J.) 3