NEW RKBK MOTORS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is filed for quashing the proceeding pending before the learned Court of Judicial Magistrate at Bidhannagar and all orders passed therein.

(2.) This is a case where the petitioner no.1 is the proprietorship concern and petitioner no.2, the sole proprietor petitioner no. 1 and Opposite Party no. 2 engaged in the business of manufacturing of E - rickshaws and the Opposite Party no. 3 is a Finance company working for primarily financing E- rickshaw manufactured by the Opposite Party no. 2. Brief fact of the case

(3.) The petitioner no. 1 was contacted by the Opposite Party no. 2 in the year 2021 for the purpose of its dealership and in this regard, a tripartite agreement was executed on December 6, 2021 between Opposite Party no. 2, the petitioner no. 1 and Rashmi export Private Ltd. In terms of the said agreement, the Opposite Party no. 2 was to supply E - rickshaw/spare part to the petitioners and it was agreed between the parties that in case there is any revision in rate of said spare part/E-rickshaw, prior intimation of the same had to be provided to the petitioners. Despite agreement, the Opposite Party no. 2 had supplied 15 E rickshaw to the petitioner as at enhanced rate of Rs.17, 51, 085.00 On July 1, 2022.