NBCC (INDIA) LTD.. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ petition has been filed in the Original side of this Hon'ble Court. The appellant/writ petitioner being aggrieved by and dissatisfied with the order dtd. 16/12/2021 as modified by another order dtd. 24/12/2021 passed by the Hon'ble Justice Rajasekhar Mantha in WPO No.1231 of 2021 has preferred the instant appeal.

(2.) The facts in a nutshell are that the appellant/writ petitioner, herein NBCC (India) Limited, a Government of India enterprise during a time period of 30/7/2015 to 19/8/2016 had issued four work orders of different values, inter alia, awarding respondent no.4, herein Saket Infra Developers Private Limited for undertaking the same. Again, on 15/9/2017, the appellant awarded the work contract of MSTC Building at New Town to respondent no.4.

(3.) On 19/11/2016, the respondent no.4 registered itself as a small enterprise under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. Amongst the five work orders undertaken by respondent no.4, two have been terminated for breach of contract by the respondent no.4 and the work has been taken up by new agencies at the risk and cost of the respondent no.4. However, two project works are still continuing and one has been completed. Furthermore, some disputes and discords have arisen between the appellant and the respondent no.4 in connection with the aforesaid five contracts out of which the MSTC Limited's project work has already culminated into a commercial suit before the Commercial Court at Rajarhat. The respondent no.4 in connection with all the aforementioned five projects, had lodged a claim before the respondent no.2, herein the Chairman of the West Bengal State Micro and Small Enterprise Facilitation council under the MSMED Act to which the appellant objected on the ground of maintainability and also made representation for recalling of the order of reference on jurisdictional grounds. However, upon the receipt of the claim the authorities took cognizance and on failure of the conciliation sought to initiate statutory arbitration.