Calcutta High Court
Bhagwati Developers Private Limited & ... vs The Peerless General Finance & ... on 13 September, 2013
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
Present :
The Hon'ble Justice Subhro Kamal Mukherjee
And
The Hon'ble Justice Dr. Mrinal Kanti Chaudhuri
September 13, 2013
ACO 126 of 2013
APO 347 of 1996
ACO 155 of 2013
CP 222 of 1991
Bhagwati Developers Private Limited & Ors.
Vs.
The Peerless General Finance & Investment Company Ltd. & Ors.
ACO 127 of 2013
APO 347 of 2013
ACO 156 of 2013
CP 222 of 1991
Bhagwati Developers Private Limited & Ors.
Vs.
The Peerless General Finance & Investment Company Ltd. & Ors.
Mr. Bhaskar Gupta,
Mr. Abhijit Chatterjee For Peerless General Finance
Mr. Sakti Nath Mukherjee,
Mr. Lakshmi Gupta For Mrs Kajal Chatterjee
Mr. S.K. Kapur,
Mr. Jishnu Saha,
Mr. Ravi Kampur For Bhagwati Developers
Mr. Dipayan Chowdhury For the respondent no.9
Mr. Amal Mitra For the respondent no.33 2 The Court :-These are applications for review of the judgment and order dated June 10, 2013 passed by a Division Bench of this Court in APO Nos. 346-347 of 1997 arising out of CP No. 222 of 1991.
In both the applications for review, Peerless General Finance & Investment Company Limited and Sunil Kanti Roy are the applicants. The principal respondent in these applications for review is Bhagwati Developers Private Limited.
Mr. Kapur, through his learned advocate on record, accepts notice of both the applications for review.
There are two applications by the legal heirs of Ashis Kusum Chatterjee. The applications are filed being ACO nos. 162 of 2013 and ACO 163 of 2013.
We are informed that during the pendency of the appeal Ashish Kusum Chatterjee died intestate. There was no order substituting his legal heirs nor his death was recorded by the Appeal Court.
Mr. Dipayan Chowdhury, learned advocate appears and accepts notice for the respondent no.9. Mr. Mitra accepts notice for the respondent no.33.
We are informed that the other respondents did not contest the appeal. Thus, service of notice of these applications on those non-appearing respondents are dispensed with at the risk and costs of the applicants.
Put up this matter on September 27, 2013 at 2 P.M. (Subhro Kamal Mukherjee, J.) (Dr. Mrinal Kanti Chaudhuri, J.) ANC.