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Calcutta High Court

Surya Alloy Industries Ltd vs Union Of India & Ors on 15 May, 2017

Bench: Nishita Mhatre, Tapabrata Chakraborty

ORDER SHEET

                  IN THE HIGH COURT AT CALCUTTA
                       Civil Appellate Jurisdiction
                             ORIGINAL SIDE

                           GA 1583 of 2017
                          APOT 416 of 2016
                           CS 417 of 2012

                   SURYA ALLOY INDUSTRIES LTD.
                             Versus
                      UNION OF INDIA & ORS.

                                AND

                           C.C.No.9 of 2017

                SURYA ALLOY INDUSTRIES LIMITED
                            Versus
              P.K.SRIVASTAVA, DIRECTOR GENERAL,
       RESEARCH DESIGNS & STANDARDS ORGANISATION & ORS.

                                AND

                          C.C.No.18 of 2017

              SHREE LAXMI IRON & STEEL WORKS PVT LTD
                              Versus
                 THE RESEARCH DESIGN & STANDARD
                    ORGANISATION (RDSO) & ORS.

                                AND

                         G.A.No.3565 of 2016
                          APOT 416 of 2016
                           CS 417 OF 2012

                   SURYA ALLOY INDUSTRIES LTD.
                             Versus
                      UNION OF INDIA & ORS.

                                AND

                         G.A.No.662 of 2017
                         APOT 416 of 2016
                          CS 417 OF 2012

                   SURYA ALLOY INDUSTRIES LTD.
                             Versus
                      UNION OF INDIA & ORS.

                                AND
                                     2



                           G.A.No.3396 of 2016
                            APOT 392 of 2016
                             CS 360 OF 2012

                SHREE LAXMI IRON & STEEL WORKS PVT. LTD.
                                 Versus
                     RESEARCH DESIGN & STANDARD
                      ORGANISATION (RDSO) & ORS.



BEFORE:
The Hon'ble ACTING CHIEF JUSTICE NISHITA MHATRE
The Hon'ble JUSTICE TAPABRATA CHAKRABORTY

Date : 15th May, 2017.


                                                  Mr. Jishnu Saha, Sr. Advocate
                                            Mr. Raja Basu Chowdhury, Advocate
                                                   Mr. Gautam Shroff, Advocate
                                               Mr. Tanoy Chakraborty, Advocate
                                                  Mr. Abhisekh Singh, Advocate
                                                                ....for Appellant

                                                    Mr.Debnath Ghosh, Advocate
                                                    Ms. Srinanda Bose, Advocate
                                                         Mr. Avijit Dey, Advocate
                             ...for Petitioner in [CC 18/2017 and APOT 392/2016]

                                                 Mr. Jishnu Chowdhury, Advocate
                                                     Mr. Chayan Gupta, Advocate
                                                     Mr. Dwip Raj Basu, Advocate
                                                                     ...for RITES

                                                     Mr.L.K.Chatterjee, Advocate
                                                      Ms. A. Banerjee, Advocate
                                            ..for RDSO/Respondent nos. 2 and 3

Mr. Dilip Chatterjee, Advocate Mr. Dipanjan Dutta, Advocate ..for Respondent no.3, Konkan Railways.

... in APOT 392/2016.

3

The Court : This application, being GA 662 of 2017, is for adding RITES as a party to the instant appeal. Affidavit-in-opposition has been filed by Senior Deputy General Manager (Civil) of the RITES Ltd. opposing the application on the ground that RITES was neither a necessary nor a proper party.

After hearing the learned counsel for the parties, we are satisfied that RITES is required to be added as party respondent to the appeal.

Accordingly, prayer (a) of the application is allowed. However, prayer (b) will be considered later.

We have heard the matters for some time and unfortunately, the learned counsel appearing for RITES was of the view that we were passing orders without bothering to hear that party. Although we had made it clear to him that we would hear him, he insisted that our orders were being passed without hearing any other party but the appellant.

It is not possible for us to continue hearing these matters with such wild and baseless allegations made against us. Hence, all these matters shall be placed before another Bench.

Place them before the Division Bench presided over by the Hon'ble Justice Jyotirmay Bhattacharya.

[ NISHITA MHATRE, |ACJ] [ TAPABRATA CHAKRABORTY, J.] sm