SUSAMA ENTERPRISE AND ANR. v. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY AND ORS.
WPA/25414/2025 · 2025-12-10
Krishna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60580 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60580 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S/L 20
10.12.2025 Court. No. 25
sourav
WPA 25414 of 2025
Susama Enterprise & Anr. Vs. Kolkata Metropolitan Development Authority & Ors. Ms. Sanghamitra Nandy …for the petitioners. Mr. Avishek Guha Mr. Sirsanya Bandyopadhyay Mr. Sonal Agarwal … for the respondents. 1. The petitioners have filed the present writ application for a direction upon the authorities for release of the amount of Rs. 89,09,516/- along with security deposit. 2. The learned counsel for the petitioners submits that the authorities have issue the work order on June 3, 2019 and the petitioners have completed the work and the authorities have issued the completion certificate on August 18, 2025. The petitioners have raised the bill total amounting to Rs. 5,36,22,831/- out of which the authorities have paid only Rs. 4,47,13,315/- and the remaining amount of Rs. 89,09,516/- is still unpaid. 3. She submits that the petitioners have made a representation to the authorities on October 29, 2025 but till date, the respondent authorities have neither released the balance amount nor the security deposit. She further submits that on December 5, 2025, the petitioners have received a communication from the Executive Engineer requesting the petitioners for repair of certain works. On receipt of the said letter, the
2 petitioners have sent a reply intimating that the petitioner are ready and willing to repair the said work. 4. Learned counsel appearing for the respondent authorities submits that the petitioners have made a representation to the Executive Engineer but the same is to be considered by the Chief Engineer. She submits that if the representation is made to the Chief Engineer, the Chief Engineer will consider the representation of the petitioners and will pass an appropriate order. 5. Considered the submission made by the learned counsel for the respective parties. 6. Perused the materials on record. 7. There is no denial that the work order has been issued to the petitioners and the petitioners have completed the work. 8. In view of the above, the petitioners are directed to submit a detailed representation to the Chief Engineer within a week from date and on receipt of the representation, the Chief Engineer shall consider the representation, if any, within a period of four weeks from the date of receipt of representation.
If the Chief Engineer finds that the petitioners are entitled to get the amount along with security deposit, the said amount along with the security deposit shall be released in favour of the petitioners and if the Chief Engineer finds that the petitioners are not entitled to get the amount, the Chief Engineer shall give an opportunity of hearing to the petitioners and shall pass
3 a reasoned and speaking order and to communicate the said order to the petitioners. 9. Accordingly, WPA 25414 of 2025 is disposed of. 10. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)