Calcutta High Court (Appellete Side)
Sekh Abul Kalam vs The State Of West Bengal & Ors on 25 July, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1
32 25.07. W.P. No.11090 (W) of 2019
ns 2019
Sekh Abul Kalam.
Versus
The State of West Bengal & Ors.
Mr. Ibrahim Shaikh ..... for the petitioner.
Mr. Santanu Kr. Mitra,
Mr. Ganga Prasad Mukherjee .... For the State.
Mr. S. M. Obaidullah,
Mr. Roni Choudhury .... For private respondent.
The writ petition is taken up for consideration subsequent to the order dated June 27, 2019.
Learned Advocate appearing for the private respondent submits that, there is a civil suit being Title Suit No.258 of 2018 pending before the 6th Learned Civil Judge (Junior Division) at Alipore between the private parties. There exists an interim order in such suit. The petitioner is guilty of suppression of material facts.
The State and the petitioner are represented. The writ petitioner is guilty of suppression of material facts. There is a civil suit being Title Suit No.258 of 2018 pending in the Court of the 6th Learned Civil Judge (Junior Division) at Alipore where, the 2 petitioner appeared as a defendant. The petitioner suppressed such fact in the writ petition and caused the Court to pass the order dated June 27, 2019 requiring the Officer-in-Charge of the local police station to submit a report.
The petitioner having come with unclean hands, it would be appropriate to put the petitioner on terms.
The petitioner will pay costs assessed at Rs.1 lakh to the State Legal Services Authority, West Bengal from seven days from date and submit the documentary evidence of payment of such costs with the learned Court in seisin of Title Suit No.258 of 2018 for the petitioner to contest the suit as a defendant therein.
In the event, the costs as directed are not paid, the plaintiff in such suit is at liberty to apply for striking out the defence of the petitioner as a defendant in such suit.
WP No.11090(W) of 2019 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities. 3 ( Debangsu Basak, J. )