JAYANTA KUMAR BISWAS,J. - (1.) The petitioners in this Article 226 petition dated June 29, 2010 are seeking a mandamus commanding the first respondent to act in a manner which is fair, reasonable and transparent in the discharge of its functions, obligations, duties under the agreement dated October 16, 2009, Annexure P6 at p.210, between the parties.
(2.) Kolkata Port Trust put out to tender certain works concerning supply, operation and maintenance of cargo handling equipment at berths 2 and 8 in its Haldia dock complex. The first petitioner, participating in the process, emerged as the successful tenderer. Consequently, the parties entered into the agreement dated October 16, 2009. According to the petitioners, though they are fully ready to execute the works, they are unable to work because the port trust has not issued the commissioning certificate.
(3.) The principal question that has arisen for consideration is whether the port trust should issue the commissioning certificate.;