DILIP KUMAR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is at the behest of a plaintiff and directed against Order No. 4 dated December 6, 2025 passed in M.S. (COM) 35 of 2025 by the learned Judge, Commercial Court at Rajarhat.

(2.) Learned senior advocate appearing for the appellant submits that, the appellant was awarded a contract for strengthening of a road. He submits that the design was faulty. Notwithstanding the execution of the work by the appellant by reason of the faulty design alleged defects are cropping up which the appellant is required to rectify. He submits that, the defects are not by reason of the workmanship of the appellant, but due to the faulty design.

(3.) Learned senior advocate appearing for the appellant submits that, the period for execution of the work was extended from time to time. In fact, subsequent to, the appeal being filed in the present case, there is an exchange of correspondences where time to complete the work was extended by the respondent.