Sl.26 09.09.2025 Court No.6 BP C.O. 1562 of 2025 With CAN 1 of 2025 Damodar Valley Corporation -versus- Bharat Hi-Tech Cement Private Limited Mr. Rajarshi Dutta Ms. Pooja Chakrabarti Mr. Somdutta Bhattacharya Ms. Arati Bhattacharya Mr. Aritra Deb … for the petitioner Mr. Joydip Kar, Sr. Advocate Mr. Nilay Sengupta Mr. Sujit Banerjee Mr. Pallav Choudhury ..for the opposite party Mr. Dutta, learned advocate appearing for the petitioner draws the attention of the Court to a typographical error which has crept in the order dated 2nd September, 2025 wherein it was inadvertently recorded that the affidavit of service filed in Court today is taken on record. It is recorded that on that date the supplementary affidavit was filed in Court which was taken on record. Let such error be rectified. Let this portion of the order form part of the order dated 2nd September, 2025. This Court, by an order dated 12.06.2025, granted liberty to the petitioner to approach the learned President of the State Consumer Disputes Redressal Commission, West Bengal (for short “the State Commission”) with an appropriate application for 2 transfer of the pending proceedings from the Asansol Circuit Bench to the Principal Bench. Since the petitioner could not file the transfer application through online mode as the system indicated certain error messages, this Court by an order dated 09.07.2025 requested the President of the State Commission to look into the matter and sort out the problem so that the application can be heard out and decided on merit. However, the petitioner approached this Court again on 24.07.2025 as the petitioner could not file the transfer application through online mode. This Court, by an order dated 24.07.2025, permitted the petitioner to file the transfer application in physical form and the State Commission was directed to accept the same and to place the matter before the appropriate bench. Petitioner filed CAN 1 of 2025 praying for recall of the order dated 24.07.2025. Mr. Dutta, learned advocate appearing for the petitioner submits that in spite of a specific direction passed by this Court by an order dated 24th July, 2025 to file the transfer application in physical form before the West Bengal State Consumer Dispute Redressal Commission, the filing of the transfer application in physical form was not accepted by the concerned department of the West Bengal State Consumer Dispute Redressal Commission. A copy of the transfer 3 application which was sought to be filed before the State Commission has been produced before this Court which is taken on record. A copy of such transfer application has already been served upon the learned advocate on record of the opposite party today (09.09.2025). In the said application the petitioner has prayed for the following reliefs: “a. Allow the present Transfer Application; b. Pass an order transmitting the entire records of the Revision Application being R.P. No. 18 of 2024 [Damodar Valley Corporation v. Bharat Hitech Cement Private Limited] and Appeal No. 28 of 2024 [Damodar Valley Corporation & Ors. v, Bharat Hi-Tech Cement Pvt. Ltd.] along with the connected applications in both the proceedings from the Asansol Circuit Bench of the Hon'ble State Consumer Disputes Redressal Commission, West Bengal to the Principal Bench of the Hon'ble State Consumer Disputes Redressal Commission, West Bengal; c. Pass an order fixing a date for the hearing of the Revision Application being R.P. No. 18 of 2024 [Damodar Valley Corporation v. Bharat Hitech Cement Private Limited] by the Principal Bench of the Hon'ble State Consumer Disputes Redressal Commission, West Bengal; d. Pass an order fixing a date for the hearing of the Appeal No. 28 of 2024 [Damodar Valley Corporation & Ors. v. Bharat Hi-Tech Cement Pvt. Ltd.) and connected applications by the Principal Bench of the Hon'ble State Consumer Disputes Redressal Commission, West Bengal; e. Pass such other/further order/directions, which this Hon'ble State Commission may deem fit and proper in the facts and circumstances of the present case.” The prayer for transfer was sought to be made on the ground that the Asansol Circuit Bench of the State Commission does not have the required quorum for which the Revision Petition along with the connected application(s) as well as the Appeal along with the 4 connected application(s) are being kept pending for a long time without any adjudication. It is not in dispute that the Asansol Circuit Bench does not have the quorum. A litigant approaching a forum has a right to get his application, appeal, revision petition etc. adjudicated by a forum. A litigant should not be made to suffer because there is lack of quorum in the Asansol Circuit Bench of the State Commission. Accordingly the petitioner approached the Principal Bench of the State Commission praying for transfer of the records of all pending proceedings before the Principal Bench. However, the petitioner faced difficulties in filing the transfer application through online mode and such difficulties, it is alleged, was not sorted out by the State Commission. It is also alleged that filing of transfer application in physical form was also not accepted. Mr. Kar, learned senior advocate appearing for the opposite party does not raise any objection with regard to the prayer for transfer of the revisional application being R.P. No. 18 of 2024 and the Appeal No. 28 of 2024 along with all connected applications filed in connection therewith. Since the opposite party has not opposed the prayer for transfer, this Court, in exercise of power under Article 227 of the Constitution of India is inclined to allow the prayer of the petitioner for transfer. 5 In view thereof, the prayer for transfer is allowed. Let the entire records of the revisional application being R.P. No. 18 of 2024 (Damodar Valley Corporation Vs. Bharat Hi-tech Cement Private Limited) and Appeal No. 28 of 2024 (Damodar Valley Corporation & Ors. Vs. Bharat Hi-tech Cement Private Limited) along with all connected applications in both the proceedings be transferred from the Asansol Circuit Bench of the State Consumer Dispute Redressal Commission, West Bengal to the Principal Bench of the State Consumer Dispute Redressal Commission, West Bengal. The office of the Asansol Circuit Bench of the State Consumer Dispute Redressal Commission is directed to transmit the records of R.P. No. 18 of 2024 and Appeal No. 28 of 2024 along with all connected applications forthwith through Special Messenger and the cost of special messenger shall be put in by the petitioner before the Asansol Circuit Bench within a period of three days from the date of receipt of a server copy of this order. Immediately upon receipt of a server copy of this order and upon deposit of the special messenger cost, the office of the Asansol Circuit Bench of the State Commission shall forthwith transmit the records of the aforesaid proceedings to the Principal Bench of the State Consumer Dispute Redressal Commission, West Bengal. Immediately upon receipt of the records of R.P. No. 18 of 2024 and Appeal No. 28 of 2024 along with all 6 connected applications filed in connection therewith from the Asansol Circuit Bench, the office of the Principal Bench of the State Consumer Dispute Redressal Commission, West Bengal shall place the records before the Learned President of the West Bengal State Consumer Dispute Redressal Commission forthwith and the Learned President of the State Commission is requested to fix an early date of hearing of R.P. No. 18 of 2024 along with the interlocutory applications and Appeal No. 28 of 2024 along with all connected applications. Parties will be at liberty to mention this matter before the Learned President of the State Commission with regard to the urgency involved in the matter. The application being CAN 1 of 2025 stands disposed of with the hope and trust that the President of the State Commission shall dispose of the connected applications as well as the Revision Petition and the Appeal expeditiously. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)