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Calcutta High Court · body

2026 DAILYLAW 686 (CAL)

SAI SULPHONATES PRIVATE LIMITED AND ANR. v. THE WEST BENGAL POWER DEVELOPMENT CORPORATION LIMITED AND ORS.

WPA/15311/2025 · 2026-01-13

Krishna Rao

body2026

Judgment text

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54 13.01.2026 Court. No. 25 D.Hira WPA 15311 of 2025 Sai Sulphonates Pvt. Ltd. & anr. Vs. The West Bengal Power Development Corporation Ltd. & Ors. Mr. Arindam Banerjee, Mr. Arindam Chandra, Mr. Atish Ghosh. … for the petitioners Mr. Rajarshi Chatterjee, Mr. Raunak Mahajan. … for the respondent no. 1 1. The petitioners have filed the present writ application on the ground that the respondent no. 3 has violated the terms and conditions of the tender as well as the order passed by this Court while supplying the sulphuric acid to the WBPDCL. 2. Learned counsel for the petitioner submits that at the initial stage of the tender process, the petitioners have filed the writ application being WPA No. 1417 of 2025. The writ petition was dismissed but this Court has held that the L1 bidder shall ensure that the required goods would be supplied in terms of the notice inviting tender for the entire contract period. 3. Learned counsel for the petitioners submits that the petitioners had preferred an appeal but the same was dismssed. 4. The petitioners have relied upon two E-way bills appearing in page 147 and 148 and submits that 2 the private respondent has not supplied the materials in terms of the tender document, as directed by this Court. 5. The respondents have filed the affidavit-in- opposition. In the affidavit-in-opposition it is categorically mentioned that the contract between the WBPDCL and the respondent no. 5 has ended in the month of December, 2025 and thus there is nothing remains in the present writ application. 6. In the previous round of litigation this Court has dismissed the writ application with the ridder that the L1 bidder shall supply the required goods in terms of the notice inviting tender for the entire period but the petitioner is alleging that the private respondent no. 3 has not supplied the materials in terms and conditions of the tender documents. 7. This Court finds that the tender period is completed and no relief can be granted in the present writ application. 8. Accordingly, the writ application is dismissed but however the dismissal of the writ petition will not prevent the writ petitioners for taking any steps before the appropriate Court for any other appropriate forum. 9. This Court has not gone into the merits of the case. The authorities or Court where if the petitioners will approach, are free to take appropriate steps in accordance with law without 3 being influenced with any observation made in this order.. 10. Accordingly, the WPA No. 15311 of 2025 is dismissed. (Krishna Rao, J.)