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2026 DAILYLAW 15751 (CAL)

M/S. GEE DEE UDYOG REPD BY ARUN SARAF v. THE WEST BENGAL STATE HANDICRAFTS CO-OPERATIVE SOCIETY LIMITED AND ORS.

MAT/175/2025 · 2026-01-19

Ajay Kumar Gupta, Rajasekhar Mantha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.01.2026. Item No. 16. Court No. 13 ap M.A.T. No. 175 of 2025 With I.A. No. CAN 1 of 2025 M/s. Gee Dee Udyog rep. by Arun Saraf Versus The West Bengal State Handicrafts Co-operative Society Limited & Ors. Mr. Biswanath Chatterjee, Mr. Piyush Choudhury, Ms. Papiya Patra. …For the appellant. Mr. Srijan Nayak, Ms. Rituparna Maitra. …For the State. Mr. Ankit Sureka, Mr. Asis Dutta. …For the respondent no.1. 1. Affidavit-of-service and affidavit-in-reply filed in Court today are taken on record. 2. The instant intra court appeal is directed against the judgment and order dated 28th November, 2024 passed by a learned Single Judge of this Court in W.P.A. 221 of 2024. 3. The writ petitioner claims to have supplied weighing machines to the respondent no.1 Cooperative Society. It is aggrieved by the fact that it has not received payments for the same. 4. Learned Counsel for the Society submits that the terms and conditions of the agreement with the 2 appellant stipulated that upon receipt of funds from the State, the appellant would be paid. 5. It further appears that the District Magistrate concerned found that the unit rate of weighing machine supplied by the appellant was Rs.6105/- per piece whereas such weighing machine ought not to be more than Rs.1695/- per machine as per the Schedule of the District Programme Officer of the Integrated Child Development Services (in short ‘ICDS’). 6. Being aggrieved by the Single Bench conveyed a meeting of the appellant and the society but found no fruitful result had come out therefrom. The writ petition was disposed of granting liberty to the appellant to challenge the order of the DM dated 2nd August, 2024 in accordance with law. 7. This Court notes without hesitation that a plea for recovery of price of unpaid goods sold and delivered can be agitated before the Registrar under Section 102 of the WBCS Act of 2006. The writ petition seeking to enforce a disputed money claim could not have been maintained by the appellant. 8. In that view of the matter, reserving any rights to the appellant, if available in law, to avail statutory or civil remedies subject to limitation, MAT 175 of 3 2025 is disposed of. Consequently, connected pending applications, if any, are also disposed of. 9. There shall be no order as to costs. 10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)