Chinar Steel Segments Centre ... vs State Of West Bengal & Ors
2022 Latest Caselaw 5013 Cal

Item No. 76


                            In The High Court At Calcutta
                            Constitutional Writ Jurisdiction
                                    Appellate Side
02.08.2022
  Ct-24
                                WPA 3559 of 2022
                Chinar Steel Segments Centre Private Limited & Anr.
                                         v.
                            State of West Bengal & Ors.

                    Mr. Mainak Bose
                    Mr. Rishab Karnani
                    Mr. Anurag Bagaria
                                ... for the petitioners.

                    Mr. Sandipan Banerjee
                    Mr. Sobham Majumdar
                                  ... for the Municipality.

                    The     petitioners     are    aggrieved   by    the

              communication dated November 10, 2020 made by the

              Commissioner, Durgapur Municipal Corporation to the

              liquidator, respondent no. 4 and also the subsequent

communication dated November 26, 2021 made to

petitioner no. 2.

The petitioners submit that water connection is

not being granted by the Durgapur Municipal

Corporation allegedly on account of non-payment of the

arrear dues of the Corporation against supply of

drinking water.

The petitioners submit that they are not liable to

pay the aforesaid dues and it is for the Durgapur

Municipal Corporation to approach the Liquidator for

payment of the dues.

The petitioners rely upon the judgment passed by

the Hon'ble Supreme Court in the matter of

Ghanashyam Mishra & Sons Private Limited v.

Edelweiss Asset Reconstruction Company, reported in

(2021) 9 SCC 657 paragraphs 94,100 & 101.

Learned advocate representing the Durgapur

Municipal Corporation seeks time to take instruction in

the matter.

Learned advocate representing the respondent no.

4 submits that the Durgapur Municipal Corporation did

not file any application before the Liquidator within the

prescribed time limit.

Let the matter appear in the list once again on

August 22, 2022 marked "For orders."

Positive instruction shall be taken by the learned

advocate representing the Durgapur Municipal

Corporation in this matter.

Sh                                          (Amrita Sinha, J.)