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2026 DAILYLAW 43983 (CAL)

GANAPATI INDUSTRIAL PVT LTD AND ANR v. HANUMAN PRASAD CHIEF ENGINEER GENERAL MANAGER OFFICE AND ORS

CPAN/1837/2025 · 2026-09-24

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17 24.09.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION APPELLATE SIDE CPAN 1837 of 2025 in WPA 8652 of 2025 Ganpati Industrial Private Limited & Anr. v. Hanuman Prasad & Ors. Mr. Suddhasatva Banerjee Mr. Vikas Baisya Mr. Surojit Dasgupta Ms. Ranjana Seal Mr. Anshanath Chakraborty … For the petitioners Mr. Sanajit Kumar Ghosh Mr. Rajesh Kumar Shah … For the alleged contemnors 1. Affidavit of compliance filed in Court today is taken on record. Affidavit-in-reply to the affidavit of compliance filed on behalf of the petitioners in Court today is also taken on record. 2. Specific submission of the petitioners is that the order of the Court has not been complied with in the manner as was directed. 3. On a perusal of the affidavit of compliance, it appears that inspection was conducted and the goods were found to be defective. Specific stand of the contemnors is that the petitioners are deliberately confusing the sample inspection with the entire inspection process. The inspection revealed that hole diameter is equal to 30 mm against required 25.5 mm as per RDSO drawing, presence of ferules (not permitted 2 as per RDSO drawing). Defects have been found to be fundamental and not minor issues. The materials supplied by the petitioners have been found to be not in conformity with the RDSO drawing. 4. The compliance report also mentions that out of 2295 units, 1038 units are already laid in the track, out of which 86 units have failed prematurely. 444 units have already been replaced by the petitioners. Once the material is laid in the track, it becomes part of the operational infrastructure and the same cannot be removed without disruption. The petitioners’ claim that only 174 units were inspected has been found to be misleading and factually incorrect. Inspection had been conducted across nine lots of articles supplied by the petitioners. 5. Upon hearing the submissions made on behalf of both the parties and on perusal of the documents placed before this Court, it appears that the authority did take steps to comply the order passed by the Court. The manner in which compliance has been made may not be as per the satisfaction of the petitioners. 6. The Court is satisfied that the order of the Court has been duly complied with. There is no requirement of proceeding with the contempt application any further. The same stands disposed of. 7. It is, however, made clear that in the event the petitioners have any further grievance, then it will be 3 open for the petitioners to approach the competent forum for remedy in accordance with law. 8. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 9. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities. (Amrita Sinha, J.)