GOPAL TANTIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this case, law was put into motion by filing an application under Sec. 156(3) of the Code of Criminal Procedure 1973(hereinafter referred to as CrPC) by one Tapas Kumar Biswas proprietor of M/s Vinayak Construction against Mr. Sahinul Isalm, director of B2R project Private Limited (hereinafter referred to as B2R), Rashid Ali Khan, Arif Md. Khan and Gopal Prasad Tantia , Director of G.P.T Infra Project Private Limited, alleging inter alia that one G.P.T Infra Project Limited ( hereinafter referred to as GPT) obtained a contract for earth work in filling on Railway embankment and approaches of level-Xing, supplying and spreading of stone dust over formation and approaches of Level-Xing as blanketing materials and RCC minor bridges, retaining wall and other ancillary works in Sec. 'A' from Ahmedpur (excluding) to Labpur (including) km 0.00 to 15.00 in connection with Gangu conversion work of Ahmedpur - Katwa N.G. Sec. vide Letter of Acceptance No. CAO/Con/WT/8934 dated December 14, 2012 issued by the Chief Administrative Officer (CON), Eastern Railway, 14 Strand Road, Kolkata - 700001.

(2.) Subsequently, B2R, a partnership firm, approached GPT for execution of part of the said contract an accordingly an agreement was executed between GPT and B2R on 26/12/2012.

(3.) On receiving such contract, B2R engaged M/s. Vinayak Construction for execution of the work by executing an agreement on 11/1/2013. In terms of agreement Vinayak Construction completed the work within January, 2016 and accordingly measurement was taken in presence of GPT, B2R and authorized Officer of Eastern Railway.