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2025 DAILYLAW 44066 (CAL)

M/S KIRAN FABRICATION PVT LTD v. UNION OF INDIA & ORS

WPA/22778/2019 · 2025-01-06

Biswajit Basu

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

M/L 31 06.01.2025 Court No.19 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 22778 of 2019 M/s. Kiran Fabrication Pvt. Ltd. Vs. Union of India & Ors. Mr. Mainak Bose, Sr. Adv. Mr. Rishabh Karnani Mr. Pranav Sharma … for the Petitioner. Mr. Sarbajit Mukherjee Mr. M.K. Seal … for the Respondent No.5. The respondent Power Grid Corporation of India Limited had engaged Vijay Electricals Limited, the respondent no.5 herein for installation of signboards at different villages of the State of Odisha; in turn, the respondent no.5 had engaged the petitioner to execute the said project. The petitioner is alleging that though he has prepared the signboard as per the specification of the respondent no.5 but the said respondent had arbitrarily refused to use the said signboards on the ground that those were not up to the mark. The petitioner is praying that it may be allowed to supply the said signboards to the Power Grid Corporation of India Limited directly. It appears that there is no privity of contract between the petitioner and the Power Grid Corporation of India Limited. The dispute sought to be raised is completely private in nature; therefore, the jurisdiction of this Court under Article 226 of the Constitution of India cannot be invoked to resolve the said dispute; consequently, WPA 22778 of 2019 is dismissed as not maintainable. There shall be no order as costs. It is however made clear that this order will not prevent the petitioner to take appropriate steps before the appropriate forum of law for redressal of its grievance(s) and for recovery of damage(s), if any, in accordance with law. Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities. (Biswajit Basu, J.)