Calcutta High Court
Union Of India vs Kaushalendu Misra on 14 August, 2008
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
APOT No. 303 of 2008
G.A. No. 2619 of 2008
A.P. No. 18 of 2005
E.C. No. 109 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
UNION OF INDIA Plaintiff/Petitioner/Applicant
Versus
KAUSHALENDU MISRA Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE SANKAR PRASAD MITRA Date : 14th August, 2008.
The Court :- This appeal has been filed by the appellant without even making a ground for filing such appeal. In our opinion, this is an abuse of process of law by filing this sort of appeal and this should be nipped in the bird.
Accordingly, we dismiss both the application and the appeal. The order so passed by the Hon'ble First Court should be given effect to by the Reserve Bank of India since demand has already been made within a period of fortnight from the date of communication of this order.
The cost assessed by the Hon'ble First Court by consent of the parties is reduced to 200 G.Ms. It is submitted by Mr. Pal that whatever allegations, if any made, are being expunged from the petition and he does not want to press the same at all.
All parties concerned are to act on a signed copy of the minutes of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (SANKAR PRASAD MITRA, J.) dg/