Calcutta High Court
Rajendra Singh Lodha vs Ajay Kumar Newar & Ors on 18 December, 2008
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
Present :
The Hon'ble Justice Bhattacharya
And
The Hon'ble Justice Rudrendra Nath Banerjee
18.12.2008
GA 3541 of 2008
GA 3193 of 2008
APOT 399 of 2008
PLA 204 of 2004
TS 6 of 2004
In the Goods of Priyamvada Devi Birla (Decd.)
And
Rajendra Singh Lodha
Vs.
Ajay Kumar Newar & Ors.
The Court :- This matter has been mentioned by Mr. Das, the learned Sr. Advocate
appearing on behalf of the respondent no.1 ( c ) viz., M.G. Khaitan pointing out that day before
yesterday, on the submission of Mr. Pratap Chatterjee, the learned Sr. Advocate appearing on behalf of the appellant that Mr. Srikanta Bhattacharya, Government Pleader, 24 Parganas (South) appeared on behalf of one of the parties in a criminal matter in Alipore Court in connection with a property which is the subject matter of the Will in question , this Bench released the matter since Mr. Srikanta Bhattacharya happens to be the sister's husband of one of us (Bhattacharya, J.). According to Mr. Das, Mr. Srikanta Bhattacharya has in fact not appeared in any criminal matter on behalf of any of the parties.
2
Mr. Das, therefore, prayed for recall of the earlier order of release. Today, in the morning Mr. Pratap Chatterjee, the learned counsel for the appellant mentioned the matter informing that although day before yesterday, the matter was released on his submission that Mr. Srikanta Bhattacharya was appearing on behalf of some of the parties, he has information that Mr. Bhattacharya might not have appeared on behalf of any of the parties, but he refused to accept his client's brief on the ground that he was briefed by the other side and Mr. Chatterjee, consequently, prayed for placing the matter under the heading "To Be Mentioned" for clarification of the situation.
Since this Bench had already released the matter on the personal ground of Bhattacharya J, we ordered that no further order was required to be passed.
Today, after recess Mr. Das has come up with the aforesaid prayer for recalling the earlier order on the allegation that wrong statement was made before the Court on the day before yesterday for the purpose of release of the matter.
Since this Bench had already released the matter on the submission of one of the counsel for the parties, this Bench is not willing to recall the earlier order. This Bench reiterates that one of us (Bhattacharya, J.) is not willing to take up the matter on personal ground and as such, there is no necessity of recalling the earlier order for resolving the allegation and counter allegation, made by the learned counsel for the parties. The three letters , the one dated 17th December, 2008 written on behalf of M/s. Khaitan & Co., the letter dated 17th December, 2008 written by Srikanta Bhattacharya, Government Pleader, 24 Parganas (South) and the letter dated 7th November, 2008 written by Sk. Salim Rahaman, Advocate which were placed before us today be kept with the record.
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Let xerox certified copy of this order be given to the parties, if applied for, by day after tomorrow upon compliance with all formalities.
(Bhattacharya, J.) (Rudrendra Nath Banerjee, J.) ANC.