Calcutta High Court (Appellete Side)
(Rashmi Cement Limited & Anr vs Union Of India & Ors.) on 21 August, 2015
Author: Subrata Talukdar
Bench: Subrata Talukdar
1
21.08.15
208 Ct. No.29
Sws.M
W.P. 22813(W) of 2012
with
CAN 4044 of 2015
(Rashmi Cement Limited & Anr.
vs. Union of India & Ors.)
Mr. Kishore Dutta
Ms. Srinanda Bose
Ms. Pritha Bose
.....for the petitioners
Mr. Saptarshi Roy
...for the Railway
Sri Kishore Dutta, learned Senior
Counsel appears for the petitioners and also in
support of CAN 4044 of 2015 which is an
application for amendment of the writ petition.
Sri Dutta makes elaborate submissions and
points out that notwithstanding the pendency of
the transfer applications filed by the Railway-
respondents before the Hon'ble Apex Court, the
amendment as sought for through CAN 4044 of 2015 can be allowed. Sri Dutta submits that the amendment relates to the jurisdiction of the Railway-respondents to issue the show cause notice and raise a claim in respect of the disputes in issue in the writ petition.
Sri Saptarshi Roy, learned Railway Counsel strongly resists the submissions of Sri Dutta and points out that the amendment application changes the nature and character of the original writ petition since in the original writ petition no dispute was raised qua the 2 Authority of the Railways to issue show cause notice as well as raise the claim.
Sri Roy makes the additional submission that the transfer applications are due for hearing before the Hon'ble Apex Court in the month of September, 2015.
Having heard the parties this Court is of the view that the matter be posted under the same heading 'For Orders' in the Combined Monthly List of September, 2015.
(Subrata Talukdar, J.)