Calcutta High Court (Appellete Side)
Usha International Limited vs The Kolkata Municipal Corporation & Ors on 13 December, 2013
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1 13.12.2013
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d.p.
W. P. No. 16554 (W) of 2012 Usha International Limited Versus The Kolkata Municipal Corporation & Ors.
Mr. Saktinath Mukherjee, Mr. Saptangsu Basu, Mr. Subhabrata Das.
...For the Petitioner.
Mr. Ashok Banerjee, Senior Advocate, Mr. Alok Kr. Ghosh, Ms. Era Ghosh.
...For the Municipality.
Mr. Suman Sengupta.
...For the State.
Though Mr. Banerjee, learned senior advocate appearing for the Municipal authority earlier submitted that his client will not use any affidavit to this writ petition and an order was recorded accordingly but Mr. Banerjee now submits that his client intends to file an affidavit in this matter. He has come ready with the affidavit and prays for leave of this court to file the said affidavit in court today. Such leave is granted.
Let the affidavit-in-opposition filed by the Municipal authority be kept with the record.
Let it be recorded that the copy of the said affidavit has been served upon the learned advocate-on-record of the petitioner.
Leave is given to the petitioner to file reply to the said affidavit within three weeks after reopening of the court after Xmas. Let this matter appear in the list three weeks after reopening of the 2 court after Xmas vacation along with other writ petition being W.P. No. 29374(W) of 2013.
The direction which was given upon the Police authority for taking step to implement the order of injunction passed by this court on 21st August, 2012 in W.P. No. 16554(W) of 2012 (Usha International Limited -vs- The Kolkata Municipal Corporation & Ors.) will remain operative till the disposal of this application.
It is made clear that in the event any issue regarding maintainability of the writ petition is raised by the Municipal authority in its affidavit, the said issue will also be decided along with other issues which may be raised in its affidavit at the time of final hearing of the writ petition.
( Jyotirmay Bhattacharya, J )