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Calcutta High Court (Appellete Side)

Tata Motors Limited & Another vs The State Of West Bengal & Others on 30 June, 2011

Author: Soumitra Pal

Bench: Soumitra Pal

                                                          1

.6.2011
                        W.P. 9949 (W) of 2011
                                     with
                        C.A.N. 5882 of 2011


              Tata Motors Limited & Another
                           -vs-
             The State of West Bengal & Others


          Mr. Samaraditya Pal, Senior Advocate
          Mr. Siddhartha Mitra,
          Ms. Vineeta Meharia,
          Mr. Soumitra Dutta ... For the Petitioners


          Mr. A. K. Mitra , learned Advocate General
          Mr. Pratik P. Banerjee,
          Mr. Suman Sengupta,
          Mr. S. Chakraborty ... For the State


          Mr. Kalyan Bandyopadhyay, Senior Advocate
          Mr. Abhratosh Majumder ... For the Respondent no. 2

Mr. Saktinath Mukherjee, Senior Advocate, Mr. Ram Ananda Agarwal Mr. R. Ganguly ... For the Respondent no. 3 Mr. Ashok Banerjee, learned Government Pleader Mr. Paritosh Sinha Mr. Sakya Sen, .. For the Respondent nos. 5 to 7 Let a copy of the order dated 29th June, 2011 passed in Special Leave to Appeal (Civil) No. 16520/2011 (From the judgment and order dated 27/06/2011 in W.P. No. 10198/2011 of the High Court of Calcutta), be kept on record.

By consent of the parties, let the writ petition being W.P. No. 10198 (W) of 2011 be treated as on day's list.

It is submitted by Mr. Pal, learned senior advocate appearing on behalf of the petitioners, that in view of the order dated 29th June, 2011 passed by the Apex Court, since ad interim stage is over, main matters require to be adjudicated on affidavits.

Mr. Mitra, learned Advocate General, Mr. Kalyan Bandyopadhyay, learned senior advocate and Mr. Ram Ananda Agarwal, learned advocate, appearing on behalf of the respondents, submit that since the question of maintainability of the writ petition is to be considered first, the petitioner should conclude its reply. However, it is submitted that if directed, State shall file its affidavits subject to the point of maintainability and without prejudice to the rights and contentions.

In view of the submissions made, part-heard relating to W.P. 9949(W) of 2011 is cancelled. Let affidavit-in-opposition to the writ petition being W.P. 9949(W) of 2011, be filed by 8th July, 2011. Reply thereto, if any, by 12th July, 2011.

Matter to appear as 'For Hearing' on 14th July, 2011.

It is made clear that this order shall also govern W.P. No. 10198 (W) of 2011. Let photostat plain copies of this order duly countersigned by the Assistant Registrar (Court) be supplied to the learned Advocates for the parties upon furnishing receipts of the applications filed for obtaining the certified copy of this order on urgent basis.

Let urgent photostat certified copy of this order, if applied for, be furnished to the appearing parties on priority basis.

( Soumitra Pal, J. )