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Supreme Court - Daily Orders

Debabrata Kanji vs The Managing Committee on 25 November, 2020

Bench: Sanjay Kishan Kaul, Hrishikesh Roy

                                               1

     ITEM NO.5+17              Court 6 (Video Conferencing)              SECTION XVI

                         S U P R E M E C O U R T O F I N D I A
                                   RECORD OF PROCEEDINGS

     Item No.5:
     Petition(s) for Special Leave to Appeal (C)              No(s).   13041/2020

     (Arising out of impugned final judgment and order dated 17-08-2020
     in MAT No. 471/2020 passed by the High Court at Calcutta)

     DEBABRATA KANJI                                                Petitioner(s)

     VERSUS

     THE MANAGING COMMITTEE & ORS.                                  Respondent(s)

     (FOR ADMISSION and I.R. and IA No.112298/2020-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     WITH SLP(C) No. 12622/2020
     (FOR ADMISSION and I.R. and IA No.108138/2020-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     SLP(C) No. 12981/2020
     (FOR ADMISSION and I.R. and IA No.111650/2020-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     With

     Item No.17

     SLP (C) No(s). 13297/2020
     (FOR ADMISSION and I.R. and IA No.114445/2020-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     Date : 25-11-2020 These petitions were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                             HON'BLE MR. JUSTICE HRISHIKESH ROY


     For Petitioner(s)            Mr. Vikrant Pachnanda, AOR
                                  Mr. Nitin Kumar Chahar, Adv.
                                  Mr. Mukul Katyal, Adv.

     For Respondent(s)
Signature Not Verified
                                  Dr. Abhishek Manu Singhvi,Sr.Adv.
Digitally signed by
ASHA SUNDRIYAL
Date: 2020.11.25                  Ms. Madhumita Bhattacharjee, AOR
17:16:44 IST
Reason:


                                  Mr. Atarup Banerjee, Adv.
                                  Mr. Sunando Raha, Adv.
                                  Mr. Aviral Saxena, Adv.
                                     2

                      Mr. Abu Sohel, Adv.
                      Mr. Anupam Raina, AOR

  UPON hearing the counsel the Court made the following
                        O R D E R

We have heard learned counsel for parties at some length despite the fact that the impugned order is in the nature of an interlocutory order and we would loath to exercise our jurisdiction under Article 136 of the Constitution of India qua an interim order.

We are, however, of the view that a quietus needs to be put to the legal issue involved as there are stated to be many petitions pending in this behalf. In the impugned order the Division Bench has mentioned the desirability of having an expeditious hearing in the present matter but we are of the view that the more appropriate course of action would be for the Hon’ble Chief Justice of the High Court to direct clubbing of all the concerned matters so that a hearing can take place of all the connected matters at as early a date as found feasible.

Insofar as petitioners before us are concerned, learned senior counsel for the respondents, on instructions, states that no further transfer of these petitioners will be made till the matter is decided as aforesaid.

The petitioners are permitted to join on terms and conditions as per the impugned order within a period of three weeks from today.

3

The special leave petitions are dismissed with the aforesaid observations.

Pending applications shall also stand disposed of.

(ASHA SUNDRIYAL)                        (ANITA RANI AHUJA)
   AR-CUM-PS                           ASSISTANT REGISTRAR