13/03/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on the point of admission. 

            The Complainants have stated in paragraphs 1 and 3 of the complaint that they have the business of manufacturing leather goods at 119/2, Matheshwartala Road, Kolkata.  The Complainants’ Company, namely, ‘Wanson Leather Pvt. Ltd.’ obtained a commercial loan from the OP No.1 State Bank of India and subsequently renewed the same on 27/03/10 to the tune of Rs.437 lakh.  The Complainants’ Company has also given a bank guarantee to the tune of Rs.25 lakh.  It is submitted by the Complainants that the complaint relates to the bank guarantee with a prayer for refund of the amount of bank guarantee and for compensation. 

            We have heard the submission made by the Complainants.  Firstly, the total amount of services availed of by the Complainants as stated in paragraph 3 is Rs.437 lakh which is beyond the pecuniary jurisdiction of this Commission.  Secondly, the complaint has been filed by the Complainants who are engaged in business of manufacturing leather goods and the Company is known as ‘Wanson Leather Pvt. Ltd.’  It is the settled law that a private limited company cannot file the petition of complaint.  Under the circumstances, we are of the considered view that the petition of complaint is not maintainable. 

            The petition of complaint is dismissed being not admitted.