Aroni Tubes Pvt. Ltd vs West Bengal Agro Industries
2021 Latest Caselaw 1440 Cal

  28.
12.02.2021
  mb



             In the High Court at Calcutta
             Constitutional Writ Jurisdiction
                     Appellate Side
                      W.P.A. No. 2504 of 2021
                       (Via Video Conference)

                   Aroni Tubes Pvt. Ltd.
                             -Vs.-
                  West Bengal Agro Industries
                  Corporation Limited & Ors.


                 Mr. Ayan Banerjee,
                 Ms. Debasree Dhamali,
                           ...for the petitioner

                 Mr. Joydip Kar,
                 Ms. Sarmila Das
                            ...for the respondent-authorities

Mr. Debdeep Sinha, learned advocate,

submits that his client seeks intervention in the

writ petition, being the successful bidder in the

tender-in-question. However, learned counsel for

the writ petitioner submits that the work order

was issued in the morning of February 08, 2021,

when the matter was taken up for hearing and, as

such, the client of Mr. Debdeep Sinha was not

impleaded.

There is substance in the contention of the

writ petitioner since, in view of the work order

having been issued by the respondents

subsequent to the filing of the writ petition,

knowing fully well about the pendency of the writ

petition, the issuance of work order to the

proposed intervenor shall abide by the result of

the writ petition and the proposed intervenor

shall be bound by the order passed in the writ

petition. The interests of the intervenor are

sufficiently protected by the respondent-

authorities, who shall have to justify their own

actions.

That apart, such prayer for intervention at

this belated stage, when the writ petition itself

has come up for hearing, ought not to be

entertained on the ground of such delay as well.

Accordingly, the prayer for intervention is

refused.

The writ petition is taken up for hearing.

Written notes of argument filed by the

parties be kept on record.

Hearing concluded. Judgment reserved.

(Sabyasachi Bhattacharyya, J.)