Calcutta High Court (Appellete Side)
Jiban Krishna Manna vs Contai Co-Operative Bank Ltd. & Ors on 23 December, 2021
23.12 CO 94 of 2019
BR 2021 With
19 IA No. CAN 1 of 2020
Jiban Krishna Manna
-vs-
Contai Co-operative Bank Ltd. & Ors.
( Via Video Conference )
Mr. Sukanta De .... For the petitioner
.
Learned counsel for the petitioner submits affidavit of service, let it be kept with the record.
CAN 1 of 2021 is taken up for consideration. It is submitted that during the pendency of this application sole petitioner, namely, Jiban Krishna Manna died intestate leaving behind Smt. Kiran Bala Manna, Sri Shibsankar Manna and Sri Ashutosh Manna as his legal heirs. Accordingly, their names are required to be substituted in place of deceased petitioner after setting aside the abatement order and after condoning delay of 337 days relying upon order passed by Apex Court in Suo Motu writ petition (Civil ) No. 3 of 2020.
Considering the facts and circumstances of the case, let the names of the legal heirs of deceased Jiban Krishna Manna be substituted in place of deceased petitioner Jiban Krishna Manna .
Office is directed to make the necessary entries as per paragraph 3 of the substitution application.
Accordingly, CAN application 1 of 2020 is disposed of.
( Ajoy Kumar Mukherjee, J. )