CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY Vs. S K BOSE ALIAS SUBIR KUMAR BASU
HIGH COURT OF CALCUTTA
COMMISSIONER OF POLICE,CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY
S.K.BOSE, ALIAS SUBIR KUMAR BASU
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Monoj Kumar Mukherjee, J. -
(1.) These two appeals arise out of the judgment and order dated May, 24, 1982 passed by a learned Judge of this Court in Civil Rule No. 15161 (w) of 1981, where by the learned Judge allowed the Writ application of Sri S. K. Basu and quashed the investigation of section. 'k' Case No. 126 dated March 5, 1981 instituted against Sri Basu and other Ss. 420 and 420/120B of the Indian panel code. Of the two appeals, one has been preferred by the Calcutta Metropolitan Development Authority ('CMDA' for short) and the other by the State Of West Bengal and its officers.
(2.) The case made out by Sri S. K. Basu (hereinafter referred to as the petitioner) in his Writ application is as under.
(3.) On or about December 1, 1979 the petitioner along with one Sudhir Kumar Basu constituted a partnership firm under the name and style of " Central Group" (hereinafter referred to as the 'firm') to carry on the business of Management Consultants And Projects Engineers and other allied business with the petitioner as its managing partner. The deed of partnership was, however, executed on March 17, 1980 and it contain a clause that the partnership business shall be deemed to have commenced on and from December 1, 1979 and shall be continued to be carried on so long as the partner desired. Prior to the formation of the firm, the petitioner had with two others, formed a partnership firm under the name and style of "Central Engineering Syndicate" and that firm, namely, C.E.S. had, among others projects, undertook and successfully executed the following projects: --
(i) Teesta Bridge Projects.
(ii) Bokaro Water Treatment Plant.
(iii) Bokaro Sintering Plant.
(iv) Garden Reach Water Treatment Plant.;
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