Prime Tradecom Pvt. Ltd & Ors. v. The State of West Bengal & Ors.

passed by an Hon’ble Division Bench of this Court in CPAN No. 621 of 2022 in FMA No. 1793 of 2018 on September 16, 2022. The Hon’ble Division Bench permitted the petitioners to accept payment from the State/alleged contemnor therein without prejudice to their rights and contentions. The petitioners seek reconsideration of their application for reference. Upon consideration of the submission made on behalf of the parties and material on record, this Court is inclined to hold that since the award was accepted by the petitioners in terms of the order of this Court, the same cannot preclude them from filing reference under Section 64 of the Act of 2013. The second paragraph of the letter impugned turning down the prayer of petitioners on that score is required to be set aside. In view of the above, the second paragraph of the letter dated March 03, 2023 is set aside/quashed. The concerned authority, being the 3rd respondent herein, is directed to revisit the issue of enhancement of the award upon affording reasonable opportunity of hearing to the petitioners and pass a reasoned and speaking order within two months from the date of communication of this order, in accordance with law. The petitioners are at liberty to produce evidence -both oral 3 and documentary, before the authority at the time of hearing. Copy of the enhanced award, if any, be communicated the petitioners within one week thereafter. With the above observation and direction this writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities. (Suvra Ghosh,J)