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Calcutta High Court

Smt. Biva Pyne vs Pyne Properties Pvt. Ltd. & Ors on 13 May, 2014

Author: Patherya

Bench: Patherya

 ORDER SHEET
                             ACO No.80 of 2014
                             With
                             APO No.152 of 2012
                         IN THE HIGH COURT AT CALCUTTA
                               ORIGINAL SIDE

                                            SMT. BIVA PYNE
                                              Vs
                                            PYNE PROPERTIES PVT. LTD. & ORS.


     BEFORE:
     The Hon'ble JUSTICE PATHERYA
     Date : 13th May, 2014.

                                            Mr. Surajit Nath Mitra, Sr.Adv., Mr. D. N.
                                            Roy Chowdhury for the petitioner.
                                            Ms. Manju Bhuteria, Ms. D. Dutta for
                                            respondent nos.1 & 3.

The Court : By order dated 30th June, 2009 C.P. 536(111)/ERB/2004 was disposed of. From the said order an appeal was filed which appeal was also dismissed along with the interim application filed on 12th April, 2013. Therefore, there is no lis pending and without a lis pending this application cannot be entertained. It is only for this reason that this application is not entertained and is dismissed. It is made clear that the merits of the case has not been considered.

As no affidavit-in-opposition has been filed, the allegation contained in the petition is not admitted.

Urgent certified photocopy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.

( PATHERYA, J.) pa