ESSEM ENTERPRISE Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) This appeal is directed against the Judgment and order dated June 22, 2022 whereby the appellant's writ petition being W.P. 619 of 2018 was dismissed. The writ petitioner had challenged the refusal on the part of Kolkata Municipal Corporation (in short, 'KMC ') to refund the Earnest Money Deposit (in short, 'EMD ') on the ground that the same stood forfeited in terms of Clause 13 of the notice inviting the tender in question.

(2.) Although a point of law was not argued by the parties either before the learned Single Judge or before us, for the sake of completeness, I wish to briefly discuss the same. The writ petition was filed in the name of Esssem Enterprise which has been described as the petitioner in the cause title of the writ petition. In paragraph 1 of the writ petition it is stated that the petitioner is a sole proprietorship. In the affidavit affirmed in support of the writ petition, the deponent, Santanu Mukherjee, has stated that he carries on business in the name and style of 'Essem Enterprise '.

(3.) It is settled law that a proprietorship concern is not a legal entity. No legal proceeding is maintainable in the name of such a concern. Any legal proceeding has to be instituted in the name of the proprietor of the business. In this connection one may refer to the following decisions: