Calcutta High Court
Board Of Trustees For The Port Of Kolkata vs Apl (India) Pvt. Ltd. & Ors on 10 May, 2016
Author: Manjula Chellur
Bench: Manjula Chellur
APOT 137 of 2016
G.A.1320 of 2016
W.P.719 of 2006
IN THE HIGH COURT AT CALCUTTA
In Appeal from an order passed in its
Constitutional Writ Jurisdiction
Original Side
BOARD OF TRUSTEES FOR THE PORT OF KOLKATA
Versus
APL (INDIA) PVT. LTD. & ORS
BEFORE:
The Hon'ble CHIEF JUSTICE MRS. MANJULA CHELLUR
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 10th May, 2016.
For the Appellant : Mr. Abhrajit Mitra, Sr.Advocate with
Mr. Ashok Jena, Advocate
For the Respondents : Mr. Subhajit Roy with
Ms. Anindita Ghosh, Advocates THE COURT : Mr. Abbrajit Mitra, learned Senior counsel arguing for appellant brings to our notice Order dated 10-2-2012 passed in G.A. 2044 of 2006 which reads as under :
"The Court : It is submitted by the learned Advocate for the petitioner that the fate of this writ petition is dependent upon the fate of an appeal being APO 223 of 2011, W.P.911 of 2005 (The Board of Trustees for the Port of Kolkata vs. German Express Shipping Agency of India), which is now pending for consideration before the appeal Court. Considering such submission of the learned Advocate for the petitioner, this Court feels that the hearing of this application should remain stayed till disposal of the said appeal.2
Under such circumstances, let this matter go out of the list for the time being with liberty to mention after disposal of the said appeal.
In the light of the observations of learned single Judge in the impugned order and the above interim order dated 10-2-2012, it would be just and proper for us to hear this appeal along with appeal arising out of W.P.No.911 of 2005, being APOT 223 of 2011.
The matters will be listed two weeks after the vacation.
The interim order of stay which expires this week is extended till next date of hearing.
( MANJULA CHELLUR, C.J.) ( ARIJIT BANERJEE, J.) Rsg AR(CR)