TARAK SINGH Vs. PRASANTA CHATTERJEE, MAYOR, THE CALCUTTA MUNICIPAL CORPORATION & ORS.
LAWS(CAL)-1999-8-53
HIGH COURT OF CALCUTTA
Decided on August 24,1999

TARAK SINGH Appellant
VERSUS
Prasanta Chatterjee, Mayor, The Calcutta Municipal Corporation And Ors. Respondents

JUDGEMENT

- (1.) The instant writ application was filed and was entertained as a Public Interest Litigation (PIL)
(2.) The case of the petitioner as has been sought to be made cut in the writ application is that the Calcutta Municipal Corporation has been purchasing Butter Fly Valves marketed by respondent No. 19, under the Brand Name of "AUDCOM valves of which M/s AUDCO INDIA LTD. is the manufacturer and M/s Larsen & Toubro Ltd. Respondent No. 19 is the sole distributor of this product. M/s Cosmic (Sales) Corporation, respondent No. 20 herein has been supplying the said valves by charging higher price whereas the said Butter fly Valves are available at a lower price in the local market. The unconscionable gain made by respondent No. 20 is at the cost of public exchequer and because of the monopoly enjoyed by M/s. Larsen & Toubro Ltd.
(3.) The petitioner has sought a writ in the nature of certiorari for quashing the purchase already made and to be made and a further writ in the nature of Mandamus commanding the respondents to withdraw, cancel, recall and/or revoke all orders with regard to purchase of Butter Fly Valves and directing the Calcutta Municipal Corporation not to enter into fresh contracts with M/s Larsen & Toubro Ltd.;


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