Amit Dhandhania & Ors vs The State Of Uttarakhand & Ors on 15 March, 2023

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Calcutta High Court (Appellete Side)

Amit Dhandhania & Ors vs The State Of Uttarakhand & Ors on 15 March, 2023

Bench: Rajasekhar Mantha

15.03.2023.
Court No.13
 Item No. 6
    ap                        W.P.A. No. 2212 of 2023
                             Amit Dhandhania & Ors.
                                       Versus
                          The State of Uttarakhand & Ors.

                      Mr. Sabyasachi Banerjee,
                      Mr. Sarvapriya Banerjee,
                      Mr. Rachit Lakhmani,
                      Mr. Nikunj Berlia.
                                                 ...For the petitioners.
                      Mr. Jaydip Kar, Sr. Advocate,
                      Mr. Dipankar Das,
                      Mr. Vikas Vyasya.
                                           ...For the respondent no.3.

Mr. Jaydip Kar, learned Senior Advocate appears for the respondent no.3.

Mussoorie Police are not represented and there is no report from them.

Mr. Kar, however, submits that he has come to know from reliable sources that Mussoorie Police have sent a report to the Office of the Registrar General by electronic mail. The Registrar General of this Court may communicate appropriately to this Court and place any report, if received from the Mussoorie Police.

Mr. Banerjee, learned Counsel for the petitioners submits that his clients have not received any summons to appear virtually or otherwise before the Mussoorie Police since after the order dated 2 nd March, 2023.

Mr. Kar has placed a decision of the Hon'ble Supreme Court of India in the case of Dashrath 2 Rupsingh Rathod - Vs. - State of Maharashtra & Anr. reported in (2014) 9 Supreme Court Cases 129 particularly paragraphs 12, 13 and 16 thereof to argue that the decision of the Hon'ble Supreme Court of India in the case of Navinchandra N. Majithia Vs. State of Maharashtra & Ors. reported in (2000) 7 SCC 640 has been watered down.

Mr. Kar, Counsel appearing for the respondent no.3 submits that his client wishes to take out an application for vacating the order dated 2 nd March, 2023 and also to bring on record certain additional facts.

Let such application be filed within ten days from date. Reply, if any, thereto be filed within seven days thereafter.

List the matter on 5th April, 2023 under the same heading.

Interim order already passed shall continue for a period of four weeks from date.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)

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