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Calcutta High Court

Moloy Kumar Das vs Krishna Chandra Adhikari & Anr on 8 April, 2011

Author: Bhaskar Bhattacharya

Bench: Sambuddha Chakrabarti, Bhaskar Bhattacharya

                                APOT No. 644 of 2010
                                 GA No. 960 of 2011
                                 ATA No. 1 of 2006

                          IN THE HIGH COURT AT CALCUTTA

                                     ORIGINAL SIDE



                                MOLOY KUMAR DAS

                                        Versus

                      KRISHNA CHANDRA ADHIKARI & ANR.

                                                                          Appearance:
                                                      Mr. Hirak Mitra, Senior Advocate
                                                 Mr. Swapan Kumar Mullick, Advocate
                                                     Mr. Jishnu Chowdhury, Advocate


BEFORE:

The Hon'ble JUSTICE BHATTACHARYA
                     A n d
The Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI

Date : 8th April, 2011.

                              Re :   GA No. 960 of 2011


               This is an application for addition of the promoter of the building with

whom the shebeits in the past entered into agreement for development by taking aid

of an interim order passed by a learned Single Judge of this Court in the present

proceedings.

               After hearing Mr. Mitra, learned Senior Counsel, appearing on behalf of

the applicant and Mr. Chowdhury, learned Advocate, appearing on behalf of the

appellant and after going through the materials on record, we are of the view that for

effective disposal of the appeal filed by the appellant presence of the applicant is
                                             2


   necessary. Consequently, we allow this application by adding the applicant as an

   additional respondent.

Let a copy of the Memorandum of Appeal be served upon the added respondent along with the impugned order.

Since we intend to hear out the appeal itself by dispensing with the necessity of filing of paper book, we propose to treat the stay application in connection with the appeal as paper book. The learned advocate for the appellant is directed to serve a copy of the stay application also upon the added respondent.

The Special Officer is directed to be personally present on the next date of hearing when the matter will be heard.

Let the appeal be heard on next Wednesday.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties by Monday subject to compliance with all requisite formalities.

(BHATTACHARYA, J.) (DR. SAMBUDDHA CHAKRABARTI, J.) sm AR[CR]