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Calcutta High Court

Bishnupada Biswas & Ors vs Swapan Kumar Roy & Ors on 11 August, 2014

Author: Soumen Sen

Bench: Soumen Sen

                              GA NO. 2191 of 2014
                                     WITH
                                CS 240 of 2014
                       IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE
                          BISHNUPADA BISWAS & ORS.
                                    Versus
                          SWAPAN KUMAR ROY & ORS.

  BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN
  Date : 11th August, 2014.
For the petitioner :
Mr. Rudrajit Sarkar,Advocate
Mr. Soumabho Ghose,Advocate
Mr. Rajesh Upadhaya,Advocate

For the Respondent Nos. 2 & 3 :

Mr. Prasanta Naskar,Advocate Mr. Ranjan Bachawat, Sr. Advocate appears.

Mr. Paritosh Sinha,Advocate appears.

The Court : - Mr. Ranjan Bachawat,learned Senior Counsel appearing with Mr. Paritosh Sinha,learned Advocate-on-Record on behalf of the Government of West Bengal submits that the order obtained in this proceeding has vitally affected the State of West Bengal. It is submitted that the orders as prayed for in the petition, if allowed, would act prejudice to the valuable right of the State of West Bengal and has not applied in an application filed for addition of party by the State of West Bengal. Accordingly, such prayer could not be considered at this stage. The State of West Bengal apprehends that collusive decrees would be obtained and the properties would be parted with contrary to the Government notifications. The existing interim order shall continue till 30th August,2014 or until further order whichever is earlier.

2

It would be open for the State of West Bengal to apply for variation and/or modification of this order in the event the said order is produced to its interest upon prior service to the parties to the suit.

The matter is made returnable on 25th August,2014. Certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities.

(SOUMEN SEN, J.) S.Chandra