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Calcutta High Court

Bharat Coking Coal Limited vs M/S. Auroma Coke Limited & Ors on 9 December, 2013

Author: Samapti Chatterjee

Bench: Pranab Kumar Chattopadhyay, Samapti Chatterjee

ORDER SHEET
                          GA No.3509 of 2013
                          APOT No.509 of 2013
                            WP No.72 of 2010
                   IN THE HIGH COURT AT CALCUTTA
                       Civil Appellate Jurisdiction
                             ORIGINAL SIDE


                                           BHARAT COKING COAL LIMITED
                                                                Versus
                                      M/S. AUROMA COKE LIMITED & ORS.


 BEFORE:
 The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY
                  AND
 The Hon'ble JUSTICE SAMAPTI CHATTERJEE
 Date: 9th December, 2013
                                                  Mr. S.N. Mukherjee, Sr. Adv. with
                                                      Mr. Kalimuddin Mondal, Adv.
                                                                   ..for the appellant
                                                Mr. Saptangshu Basu, Sr. Adv. with
                                                          Mr. Pallav Banerjee, Adv.
                                                         Mrs. Sukla Banerjee, Adv.
                                                               ..for the respondents

This application has been filed in connection with the appeal preferred from the Judgment and Order dated 27th August, 2013 passed by the Learned Single Judge whereby and whereunder the said Learned Judge disposed of the writ petition finally on merits.

Mr. Mukherjee, learned Senior Advocate representing the appellant urged before this Court that the High Court at Calcutta has no territorial jurisdiction to entertain the writ petition. 2

Mr. Bose, learned Senior Advocate representing the respondents-writ petitioners, however, disputed the aforesaid contentions made on behalf of the appellant.

Having heard learned Advocate appearing for the parties and considering the facts and circumstances of this case, we are of the opinion that the issues raised in this appeal should be decided expeditiously.

Therefore, the appellants are directed to prepare requisite number of informal paper books out of Court and file the same by 14th January, 2014.

Since the real contesting parties namely, the respondent nos.1 and 2 are represented by the learned Advocate, requirements of service of notice of appeal and all other formalities stand dispensed with subject to condition that the copy of the paper book should be supplied to the proforma respondent immediately after filing of the same. .

Let the appeal be listed for hearing before the regular Bench on 22nd January, 2014.

Pending disposal of the appeal, parties herein are directed to maintain status quo as on date.

With the aforesaid directions, the stay application is disposed of.

3

There will, however, be no order as to costs. All parties are to act on a signed photocopy of this order on the usual undertakings.

(PRANAB KUMAR CHATTOPADHYAY, J.) (SAMAPTI CHATTERJEE, J.) AKGoswami