Calcutta High Court
Development Corporation Limited vs Electrosteel Castings Ltd. And Ors on 17 November, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
OD-3 & 4
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
APOT/314/2024
WEST BENGAL INDUSTRIAL
DEVELOPMENT CORPORATION LIMITED
VS
ELECTROSTEEL CASTINGS LTD. AND ORS.
&
APOT/5/2025
IA No. GA/1/2025
THE STATE OF WEST BENGAL
VS
ELECTROSTEEL CASTINGS LTD. AND ORS.
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE APURBA SINHA RAY
Date : 17th November, 2025.
Appearance
Mr. Kishore Dutta, Ld. Advocate General
Mr. Tanoy Chakraborty, Adv.
Mr. S. Satti, Adv.
Mr. Suddhadev Adak, Adv.
...for WBIDCL
Mr. Kishore Dutta, Ld. Advocate General
Mr. D. Dinda, Adv.
...for State appellant
Mr. Abhrotosh Majumder, Sr. Adv.
Mr. Arif Ali, Adv.
Mr. Ujjal Ray, Adv.
Mr. Prabhat Kr. Srivastawa, Adv.
Ms. Ankita Singh, Adv.
...for the respondents
2
Dictated by Arijit Banerjee, J.
The Court: These two appeals are directed against a judgment and
order dated April 8, 2024, whereby, a learned Single Judge of this Court
allowed WPO/192/2024, being a writ petition filed by the respondent no. 1
herein. The operative portion of the judgment and order under appeal is as
follows:
"34. In such view of the matter, WPO No. 192 of 2024 is
allowed on contest, directing the respondent No. 1, the Department
of Industries, Commerce and Enterprises of the State of West
Bengal, through the Principal Secretary, to disburse to the
respondent no. 3 the entire amount payable to the petitioner in
terms of subsidy under the IPA offered vide Order No. 1215/JS/DC
dated March 22, 2004, annexed at page 70 of the writ petition, for
the period between the years 2011 and 2015 within two months
from date. Immediately upon receipt of such amount, the
respondent No. 3 shall make payment of the entire dues of the
petitioner under the subsidy with regard to IPA as mentioned above
from 2011 to 2015 within one month thereafter.
35. In the event the respondents fail to adhere to the above
timelines, interest shall accrue at the rate of 12 per cent per
annum on the total amount payable to the petitioner on and from
the date immediately succeeding the expiry of the said 3 months
till the date of payment of the amount to the petitioner, which
interest shall be payable over and above the principal dues of the
petitioner."
Being aggrieved, the State of West Bengal and the West Bengal
Industrial Development Corporation Limited have filed these two separate
appeals.
We have heard learned Advocate General appearing for the State on
the point of abatement of proceedings in terms of provisions of the
Revocation of West Bengal Incentive Schemes and Obligations in the nature
of Grants and Incentives Act, 2025.
Mr. Majumder, learned Senior Counsel representing the
respondent/ writ petitioner, says that the State should file a formal
application brining on record its stand that the proceedings have abated in
their entirety.
Learned Advocate General says that the State shall file such
application within two weeks from date. A copy of the application will be
simultaneously served on learned Advocate-on-Record for the respondent/
writ petitioner. Within two weeks thereafter, the respondent/ writ petitioner
will be at liberty to file its affidavit-in-opposition to the said application.
Within a further two weeks thereafter, the State will be at liberty to file its
affidavit-in-reply.
Learned Advocate General tells us that the writ petitioner has
initiated a contempt application for alleged wilful violation of the judgment
and order, which is the subject matter of appeal before us.
Since we are in the process of hearing and disposing of the
appeals, and it is understood that the appeals are being heard out, we are
sure that on a prayer being made by the parties before the learned Single
Judge, in the fitness of things, the learned Judge will adjourn the contempt
application till disposal of these two appeals.
The State has filed a stay application in its appeal.
The respondent/ writ petitioner will be at liberty to file its affidavit-
in-opposition to the said application within three weeks from date. Reply
thereto, if any, be filed by the State within three weeks thereafter.
The stay application will be listed along with the fresh application
that the State proposes to file.
List the matters on January 13, 2026.
(ARIJIT BANERJEE, J.)
(APURBA SINHA RAY, J.)
sg.
