Calcutta High Court (Appellete Side)
M/S. Classic Advertising vs The Kolkata Municipal ... on 8 February, 2021
116
08.02.2021
.
d.p.
W.P.A 3392 of 2021
(Via Video Conference)
M/s. Classic Advertising
-versus
The Kolkata Municipal Corporation & Ors.
Mr. Dipanjan Sinha Roy.
...For the Petitioner.
Mr. Alok Kumar Ghosh,
Ms. Piyali Sengupta,
Ms. Manisha Nath.
...For the KMC.
Affidavit-of-service filed in Court today is taken
on record.
Pursuant to a notice inviting e-tender published
by the Kolkata Municipal Corporation for construction
and right to display an advertisement on the street
lamp kiosk, the petitioner intends to participate in the
said e-tender.
Two clauses of the said NIT are standing in the
way of the petitioner from participating in the same. For
the purpose of participation, the bidder has to obtain a
'No Outstanding Certificate' from the Advertisement
Department of Kolkata Municipal Corporation and to
file a declaration to the effect that any of the bidder's
sister concern does not have any outstanding with the
Advertisement Department, Kolkata Municipal
Corporation.
A further declaration has to be submitted that
any of the bidder's sister concern/Company which has
been engaged in any kind of activity related to
advertisements to the Kolkata Municipal Corporation
do not have any litigation and outstanding with KMC
on behalf of the Company.
According to the petitioner, there was a demand
for payment of Rs.1,18,49,092/-, which the petitioner
challenged by filing a writ petition being W.P. No. 24206
(W) of 2015. The said writ petition was disposed of by
the Court on 18th September, 2019 whereby the Court
was pleased to set aside the demand only with regard to
the Land Utilization Charges to be paid by the
petitioner.
The petitioner submits that the land utilization
charges amounted to a sum of Rs.1,10,37,377/-. The
petitioner submits that the balance amount from the
total sum of Rs.1,18,49,092/- has been cleared by the
petitioner and no amount is due and outstanding from
the petitioner on account of unpaid advertisement fees
of the Kolkata Municipal Corporation.
The petitioner further submits that the judgment
of the Court dated 18th September, 2019 has been
taken up in appeal by the Kolkata Municipal
Corporation and the appeal is pending. The stay
application has also not been listed and no order has
been passed in the said appeal till date.
It has been submitted that apart from the above,
no other litigation is pending in between the parties.
The petitioner prays for a direction upon the
Kolkata Municipal Corporation for permission to
participate in the tender process.
The learned advocate appearing for the Kolkata
Municipal Corporation submits that admittedly
litigation is pending in between the parties. It has
candidly been submitted that steps were taken for
enlistment of the appeal but the same has not appeared
in the list till date.
From the submissions made on behalf of both the
parties, it appears that demand which was raised by
the Kolkata Municipal Corporation included the Land
Utilization Charges and the advertisement fee. The
demand on account of Land Utilization Charges has
been set aside and quashed by the Court. The
petitioner has cleared the dues on account of
advertisement fee.
Though the order passed by the Learned Single
Judge has been taken up in appeal, but admittedly, as
on date, there is no order either modifying or varying or
setting aside the same. The pendency of the appeal filed
by the Kolkata Municipal Corporation, ought not to
stand on the way of the petitioner from participating in
the tender process. It further appears that apart from
the above, there is no other litigation pending in
between the parties.
Accordingly, the instant writ petition is disposed
of by directing the Kolkata Municipal Corporation to
permit the petitioner to participate in the tender
process without filing the 'No Outstanding Certificate'
and the declaration with regard to no litigation.
The last date for filing e-tender is 9th February,
2021 till 1 p.m.
The Kolkata Municipal Corporation shall not
insist upon the petitioner for production of the 'No
Outstanding Certificate' and the 'no litigation'
declaration and permit the petitioner to participate in
the tender process along with other relevant documents
that are required, subject to compliance of all other
necessary formalities.
In the event the petitioner is successful in the
tender process, steps shall be taken by the Kolkata
Municipal Corporation strictly in accordance with law.
W.P.A. 3392 of 2021 is disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
