Calcutta High Court
Gopal Navinbhai Dave & Ors vs Nirendranath Kar & Ors on 13 May, 2011
Author: Sengupta
Bench: Sengupta
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
Present :
The Hon'ble Justice Sengupta
and
The Hon'ble Justice Syamal Kanti Chakrabarti
13.05.2011
APOT 201 of 2011
ACO 51 of 2011
CP 432 of 2010
Gopal Navinbhai Dave & Ors.
Vs.
Nirendranath Kar & Ors.
The Court :- Affidavit of service is kept on record. In spite of service first respondent
does not appear. Mr. Bose appearing for the second respondent submits that he wants to file affidavit. It appears on 6th May, 2011 we passed interim order. Though we passed an order on that date admitting the appeal without certified copy as prayed for, however, through inadvertent mistake it has not been gone down in the order dated 6th May, 2011. Hence, we clarify that the appeal is deemed to have been admitted on 6th May, 2011 itself.
Mr. Bose will file affidavit in opposition within two weeks after the summer vacation and reply one week thereafter. Matter to appear four weeks after the summer vacation.
We find no reason not to continue with the interim order as nobody appears today opposing the order passed earlier. Accordingly, we direct the interim order passed earlier will continue for a period of eight weeks from the date of reopening of the Court after the summer vacation or until further order whichever is earlier.
2
Non-appearing respondent must be served with another notice together with a copy of this order. The said respondent is given liberty to apply for variation and/or vacation of the interim order upon notice to the parties.
All parties shall act on a xerox signed copy of this order on usual undertakings.
(Sengupta, J.) (Syamal Kanti Chakrabarti, J.) ANC.