Calcutta High Court
John Gregory Apcar & Anr vs Thomas Malcom & Ors on 9 September, 2014
Author: Arijit Banerjee
Bench: Arijit Banerjee
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
Present :
The Hon'ble Justice Arijit Banerjee
09.09.2014
GA 1505 of 2013
Suit No. 413 of 1888
John Gregory APCAR & Anr.
Vs.
Thomas Malcom & Ors.
GA 1664 of 2013
Suit No. 413 of 1888
John Gregory APCAR & Anr.
Vs.
Thomas Malcom & Ors.
Mrs. Noelle Banerjee, Advocate with
Mr. A.S. Molla, Advocate for the petitioners/applicants
Mr. Ranjan Bachwat, Senior Advocate with
Mr. Sanjoy Ginodia, Advocate
Mr. Rudraman Bhattacharjee, Advocate
Ms. Pubali Sinha Chowdhury, Advocate for the respondents
Mr. Indranil Nandi, Advocate with Mr. D.P. Samanta, Advocate for the Official Trustee The Court :- Both these applications being GA 1505 of 2013 and GA 1664 of 2013 have been filed by one Stefano George Sarkies claiming diverse reliefs including that he is a baptized Armenian. The Armenian Church Authority disputed his claim and ascertained from Primate, Bishop Haizoum Najarian Diocese of the Armenian Church of Australia and Newzeland that the Certificate of Baptism of the Armenian Church produced by the said Mr. Sarkies is a forgery. On that basis the Armenian Church 2 Authority filed an application under Section 340 of the Code of Criminal Procedure which was allowed by I.P. Mukerji, J. by His Lordship's order dated 7th May, 2014.
On an earlier occasion when these two applications were called on for hearing Mr. Bachawat, learned senior counsel produced a copy of a letter written by Mr. Pallav Samajdar, Advocate to Mr. Bachwat's learned Advocate on record informing that he had no further instruction to appear on behalf of the applicant in the said two applications. I had directed Mr. Bachwat's learned Advocate on record to serve another notice on Mr. Samajdar, Advocate which was done. On the next occasion, Mrs. Noelle Banerjee appeared for the applicants but sought time to take instructions in the matter.
Today Mrs. Noelle Banerjee appears on behalf of Mr. Sarkies, the applicant and states that she has no instructions in the matter.
In that view of the matter both the applications taken out by Mr. Sarkies stands dismissed without any order as to costs.
Affidavit in opposition of the Armenian Church Authority in GA 1664 of 2013 filed today in Court be kept on record.
(Arijit Banerjee, J.) ANC.