Calcutta High Court (Appellete Side)
Asansol Durgapur Development ... vs Sri Priyadarshi Mukherjee & Ors on 19 August, 2015
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1
19.08.2015. F.A.T. 357 of 2014
dc. with
CAN 7164 of 2014
Asansol Durgapur Development Authority
versus
Sri Priyadarshi Mukherjee & Ors.
Mr. Raja Basu Chowdhury,
Mr. Rajarshi Dutta,
Mr. Sayantan Bose ... For the Appellant/Applicant.
Mr. Sardar Amjad Ali,
Mr. Masum Ali Sardar,
Mr. Avik Chaudhuri ... For the Respondent No.1.
Re: CAN 7164 of 2014 (Stay) After hearing Mr. Raja Basu Chowdhury, learned advocate appearing for the appellant/applicant and Mr. Sardar Amjad Ali, learned senior counsel appearing for the respondent no.1, we dispose of the application for stay by staying all further proceedings of the connected execution case till the disposal of the appeal unconditionally for a period of four weeks from date and if, in the meantime, the appellant deposits the entire enhanced compensation amount together with interest with the Learned Registrar General of this Court, the interim stay, as granted above, will continue till the disposal of the appeal.
In the event such deposit is made by the appellant, Learned Registrar General of this Court will invest such deposited amount in short term fixed deposit account with the 2 State Bank of India, High Court Branch, Kolkata and keep the said deposit renewed from time to time till the disposal of this appeal.
Needless to mention here that in case, such deposit is not made by the appellant within the period, as aforesaid, the interim stay, as granted above, will stand automatically vacated. Under such circumstances, the decree- holder/respondent no.1 will proceed with the execution case in accordance with law.
The application for stay being CAN 7164 of 2014 is thus disposed of.
Re: FAT 357 of 2014 Let the lower court records be called for by Special Messenger at the cost of the appellant. Such cost should be deposited by the appellant within a week from date.
The concerned department is directed to examine the lower court record immediately on its arrival. The concerned department is also directed to serve notice of arrival of the lower court records upon the learned advocate-on-record of the appellant immediately after the records are found complete on such examination.
The learned advocate-on-record of the appellant is thus directed to file requisite number of informal paper books in the concerned department within eight weeks from the date of 3 service of notice of arrival of the lower court records upon the learned advocate-on-record of the appellant.
Since the respondent no.1 has already entered appearance through his learned advocate, service of notice of appeal upon the respondent no.1 herein is dispensed with.
The appeal is thus treated as ready as regards service of notice of appeal so far as the respondent no.1 is concerned.
The appellant is directed to put in the requisites for effecting service of notice of appeal upon the other respondents herein within a week from date. The concerned department is directed to effect such service upon the other respondents immediately thereafter.
(JYOTIRMAY BHATTACHARYA, J.) ( DEBI PROSAD DEY, J. )