HC Dismisses Writ for Dues Without Completion Certificate

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 Bandopadhyay, Arka Kumar Nag, Tirthankar 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.