NEMAI ENTERPRISE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application filed by the petitioner Dipak Kumar Modak for recalling the judgement and order dated 18.05.2012 passed by the Division Bench of this Court in MAT 1552 of 2011 with CAN 9575 of 2011.

(2.) According to the petitioner, a partnership firm under the name and style "M/s. Nemai Enterprise" was constituted on 29th August, 2005 consisting of the four partners namely (1) petitioner/Dipak Kumar Modak, (2) Tamal Kundu, (3) Chandra China and (4) Chinmay Kuiry for carrying on the distributorship business of foodgrains. The Director of D.D.P.S. (F & S) Government of West Bengal issued a MR Distributorship licence in the name of the firm M/s. Nemai Enterprise on 19.03.2007. The firm was carrying on the business in accordance with the terms and conditions of the partnership deed and following West Bengal Public Distribution System (Maintenance and Control) Order, 2003. During the year in 2009, a dispute arose among the partners. As a result, one of the partners namely Tamal Kundu wrote a letter to the District Controller (F & S) requesting for temporary closure of MR Distributorship business. On the other hand, this petitioner together with another partner namely Chinmay Kuiry wrote another letter requesting the District Controller to allow them to continue the same MR Distributorship business. Again on 12.10.2009 and 26.10.2009 other two partners namely Tamal Kundu and Chandra China wrote letters to the District Controller (F & S), Purulia requesting him for temporary closure of the business. Subsequently, on 07.04.2010 the District Controller (F & S), Purulia passed an order that since the distributorship licence issued under West Bengal Public Distribution System was not renewed, the licence stood revoked after the expiry of the period of validity and, therefore, the dealers of M/s. Nemai Enterprise and M/s. Kundu Enterprise were retagged with M/s. P.D. Jhunjhunwala and M/s. P.M. Agarwala and this arrangement will continue till the dispute among the partners are settled.

(3.) Further case is that one Jaydev Kumar Sen filed a writ petition challenging the appointment of M/s. Nemai Enterprise in W.P. No. 6541 (W) of 2007. During the pendency of the said writ petition the licence of the M/s. Nemai Enterprise stood revoked due to non-renewal as per condition of the licence. Therefore, the writ petitioner/Jaydev Kumar Sen filed a petition praying for interim order on 12.09.2011. Hon'ble Single Bench of this Court passed an interim order restraining the authority concerned from filling up the vacancy in respect of the said distributorship without the leave of the Court. Against the said interim order dated 12.09.2011, another partner Tamal Kundu in the name of M/s. Nemai Enterprise preferred an appeal being MAT 1552 of 2011 (M/s. Nemai Enterprise vs. Jaydev Kumar Sen). Hon'ble Division Bench of this Court modified the said interim order and directed the District Administration to declare a new vacancy for proper public distribution and for catering the needs for consumer in the said area.