Calcutta High Court
Bhagwati Developers Pvt. Ltd vs The Peerless General Finance & on 23 July, 2013
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
ACO NO.126 OF 2013
APO NO.347 OF 1996
CP NO.222 OF 1991
AND
ACO NO.127 OF 2013
APO NO.346 OF 1996
CP NO.222 OF 1991
BHAGWATI DEVELOPERS PVT. LTD.
Versus
THE PEERLESS GENERAL FINANCE &
INVESTMENT CO. LTD. CO & ANR.
BEFORE:
The Hon'ble JUSTICE ASHIM KUMAR BANERJEE
The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI
Date : 23rd July, 2013.
Mr.S.K. Kapoor, Senior Advocate
Mr.Jishnu Saha, Advocate
Mr.Ravi Kapoor, Advocate
Mr.Arvind Jhunjhunwala, Advocate
Mr.S. Rudra, Advocate for the
appellant/respondent.
2
Mr.Bhaskar Prosad Gupta, Senior Advocate Mr.Abhijit Chatterjee, Senior Advocate Mr.A. Basu, Advocate Mr.T. Nag Chowdhury, Advocate for the respondents/applicants.
The Court : This appeal was heard and disposed of by us by judgment and order dated June 10, 2013.
Being aggrieved, both the respective parties approached the Apex Court with their respective Special Leave Petitions.
The Apex Court by judgment and order dated July 5, 2013 dismissed the Special Leave Petition filed by the appellant by observing as follows :
"We do not find any force in the petitions. The Special Leave Petitions are, therefore, dismissed.
However, considering the facts and circumstances of the case we request the learned Single Judge to decide the Company Petition at the earliest preferably within a period of six months from the date of production of this order before the learned Court."
The respondent's Special Leave Petition was also dismissed. While dismissing the said application, the Apex Court observed as follows :
"However, it is open to the present petitioner to file a review petition before the High Court, if so advised." 3
Pursuant to such observation of the Apex Court, the respondent has now filed the present application which has come up for hearing today.
When the matter is called on, one of us (Ashim Kumar Banerjee, J.) has informed the parties, one of his relations has applied for a job in the respondent company in the usual course of business, subsequent to the delivery of judgment. We are told, the said application is still in process.
In such view of the matter, we feel, this matter should not be heard by this Bench. The matter is released on the personal ground of one of us (Ashim Kumar Banerjee, J.). Let it be placed before the Hon'ble Chief Justice for constituting the Bench. We make it clear, the other member of the Bench (Dr.Mrinal Kanti Chaudhuri, J.) has no embarrassment.
(ASHIM KUMAR BANERJEE, J.) (DR.MRINAL KANTI CHAUDHURI, J.) sd/ AR[CR]