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Calcutta High Court (Appellete Side)

(Omdc) vs Soumyendra Kishore Roy Chowdhury & Ors on 4 July, 2024

 04-07-2024
 Item no.5 CD
                         IN THE HIGH COURT AT CALCUTTA
                                 Civil Appellate Jurisdiction
  Subrata
                                     (Commercial Division)
Bhattacharyya
   AR(C)
                                  FAT No.58 of 2022
                  The Orissa Minerals Development Company Limited
                                       (OMDC)
                                         -vs-
                      Soumyendra Kishore Roy Chowdhury & Ors.
                                                  with
                                         CAN No.5 of 2024
                                                  and
                                         CAN No.6 of 2024

                         Mr. Swarup Banerjee
                         Mr. H.C. Yadav
                         Mr. Subham Biswas
                         Mr. Vivek Raj                         ...for the appellant

                         Mr. Sanjib Kumar Mal
                         Mr. Raja Xavier
                         Mr. Sapatarshi Kumar Mal ...for the respondents
CAN No.6 of 2024

This is an application for recording the death of the respondent no.1 on 18th June 2024 and for substituting his legal heirs in his place and stead.

We allow this application by passing an order in terms of prayer (a) of the petition.

We direct the department to effect the substitution/amendment in the memorandum of appeal and in all other cause papers relating to the appeal within two weeks of communication of this order.

Advocate-on-record for the appellant shall serve copies of the paper book on the substituted respondents within two weeks of their being substituted as 2 respondents in the record of this court.

CAN No.5 of 2024

Having heard learned advocates appearing for the parties, we allow this application by passing an order in terms of prayer (a) thereof.

There should be compliance with this order within three weeks of communication thereof.

List the appeal for hearing on 1st August 2024.

[I.P. Mukerji, J] [Biswaroop Chowdhury, J]