ROXY ENTERPRISES Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave is granted to the learned Advocate-on-record for the appellant to correct the cause title in course of the day.

(2.) A brief factual sketch leading to the appeal is as follows :- In response to a notice inviting pre-qualification-cum-tender (two cover system) published by the Alipurduar Zilla Parishad, the appellant submitted its bid for repair of road from Salkumarhat near Dijarajghat to Bhandani temple via Bangdaki Forest under Salkumar-II GP of Alipurduar-I PS within Alipurduar Zilla Parishad. The work was to be completed within 120 days. The terms and conditions mentioned in the notice, inter alia, provided if the work was not completed by the contractor within the stipulated time frame, necessary penal measure in the tune of deduction of an amount as decided by the Artha Sanstha Unnayan-o-Parikalpana Sthayee Samity of Alipurduar Zilla Parishad will be imposed. Running payments shall be made as per norms and availability of funds.

(3.) By Memo dtd. 3/3/2020, Executive Engineer (P and RD), Alipurduar Zilla Parishad issued work order in favour of the appellant. He was requested to take up the work within seven days from the date of issuance of the letter and complete the same in all respect within the stipulated period. Due to pandemic conditions appellant was unable to commence work immediately. In spite of repeated requests by the Assistant Engineer, he did not resume work and the work was not completed within the stipulated time frame.