HC Dismisses Writ for Dues Without Completion Certificate

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  • Last Updated on 26 May, 2025

completion certificate writ petition

Case Details: Beacon Tiles vs. Bidhannagar Municipal Corporation - [2025] 174 taxmann.com 434 (Calcutta)

Judiciary and Counsel Details

  • Gaurang Kanth, J.
  • Ms Sanghamitra Nandy for the Petitioner.
  • Sirsanya BandopadhyayArka Kumar NagTirthankar Dey for the Respondent.

Facts of the Case

The petitioner, Beacon Tiles, filed a writ petition seeking release of outstanding dues and earnest money and security deposit under a construction work order issued by Bidhannagar Municipal Corporation. It was claimed that the work had been completed within the stipulated time and multiple representations were made to the Corporation, but no payment was released.

The respondent Corporation contended that the claimed amount was not an admitted liability. It argued that no completion certificate or supporting documents had been submitted to prove that the contractual work was completed. Since the claim involved disputed facts about execution and quantification of work, the Corporation opposed the maintainability of the writ petition.

High Court Held

The Calcutta High Court refused to exercise its writ jurisdiction under Article 226 of the Constitution. It observed that, in the absence of a completion certificate or documentary proof, and in light of factual disputes, the matter was not suitable for adjudication under writ jurisdiction. The Court held that such contractual disputes involving evidence and facts must be resolved before a competent civil forum. The petition was disposed of with liberty to the petitioner to pursue an appropriate remedy in accordance with law.

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Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied