Calcutta High Court (Appellete Side)
Sokhina Bibi vs Sahidur Rahaman @ Sahidur Islam & Ors on 13 September, 2022
13.09.2022
Court No.12
S/L. No. 4
Suvayan/
Sourav
MAT 751 of 2022
With
IA No. CAN 1 of 2022
Sokhina Bibi
Vs.
Sahidur Rahaman @ Sahidur Islam & Ors.
Mr. Kalyan Kumar Bandopadhyay, Sr. Adv.
Mr. R. A. Agarwala
Ms. Nibedita Pal
Mr. Ramesh Dhara
Mr. A. G. Mukherjee
...for the appellant.
Mr. Ajoy Chatterjee, Sr. Adv.
Mr. M. Alam Sk.
Mr. Timir Baran Saha
...for the respondent no. 1.
Mr. Susovan Sengupta Mr. Subir Pal ...for the State.
Heard Mr. Kalyan Kumar Bandopadhyay, learned Senior Counsel appearing for the appellant, Mr. Susovan Sengupta, learned Counsel appearing for the State and Mr. Ajoy Chatterjee, learned Senior Counsel appearing for the respondent No. 1.
A short question involved in the present appeal is whether the widow of a son who has died after the death of the deceased M. R. Dealer can be considered as a family member within the ambit of Section 2(M) of the 2013 Control Order.
Mr. Bandopadhyay, learned Senior Counsel submits that the present appellant is the daughter-in- law of the deceased M. R. Dealer. After her death, her 2 son (husband of the present appellant) applied for compassionate appointment. All the family members gave their no objection. While the matter was under
process, husband of the present appellant died. Thereafter, the present appellant was appointed as a M. R. Dealer legality of which is in question in the present appeal. But is fairly submitted at the Bar that the present appellant is continuing the dealership as on date.
Regard being had to such fact, we deem it just and proper to dispense with all the formalities of filing of paper books, etc. and hear the appeal expeditiously.
Accordingly, list this matter on November 10, 2022 for hearing and final disposal.
Learned Counsel for both the parties are directed to file written notes, if any, or judgments they rely on, if any, by the said date.
In view of the admitted fact and submission at the Bar that the appellant is continuing as M. R. Dealer let her continue as such till disposal of the appeal.
This order shall be without any prejudice to the claim of any of the respondents.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)