Calcutta High Court (Appellete Side)
Union Of India vs Sudhangsu Kumar Mukherjee (Since ... on 5 July, 2018
Author: Dipankar Datta
Bench: Dipankar Datta
05.07.2018
01
pk
FA No. 393 of 1984
+
CAN No... 7337 of 2017
With
FA No. 394 of 1984
+
CAN No. 7338 of 2017
With
COT No. 2102 of 1988
With
COT No. 2103 of 1988
Union of India
-vs-
Sudhangsu Kumar Mukherjee (since deceased his legal heirs and representatives) & Ors.
Mr. D.S. Mishra,
Mr. S. K. Mishra,
Mr. Swapan Kr. Nandi
For the Union of India
Mr. Jaharlal De,
Mr. Anandajyoti Dasgupta
For the respondents
In Re:- Application being CAN No.7337 of 2017 and CAN No. 7338 of 2017.
One of the respondents/cross-objectors No.1(b)(i), Dilip Kumar Chatterjee, died intestate on 15th April, 2017, leaving behind his heirs and legal representatives, namely, one unmarried daughter, Ila Chatterjee and another married daughter, Soma Ganguly. Both the legal heiresses of the said Dilip Kumar Chatterjee, since deceased are already on record as respondent nos. 1(b)(ii) and 1(b)(iii). Since the legal representatives of the said respondent, namely, Dilip Kumar Chatterjee, are already on record, formal substitution is not necessary.
Hence, the prayer for recording the death of the said Dilip Kumar Chatterjee is allowed.
The Registry is directed to record the death of Dilip Kumar Chatterjee with a note that his legal representatives, namely, Ila Chatterjee and Soma Ganguly are already on record.
The Registry is directed to amend the cause title of the Memorandum of Appeals being FA No. 393 of 1984 and FA No. 394 of 1984 as well as the cross-objections being COT 2102 of 1988 and COT 2103 of 1988 accordingly.
Both the applications being CAN 7337 of 2017 and CAN 7338 of 2017 are disposed of.
In Re:- COT 2102 of 1988 and COT 2103 of 1988.
The point of reference which was referred to this Bench for answer has already been answered by the Hon'ble Supreme Court of India in Special Leave Petition (Civil) No. 2570 of 2005 (Union of India -vs- Annapurna Devi (D) by Lrs. & Ors.) (analogous with SLP (Civil) Nos. 2571-2576 of 2005) on 21st April 2015.
In such view of the fact, no useful purpose will be served by keeping the reference alive. Since the appellant and the cross- objectors are not willing to proceed with their appeals and the cross-objections, both the appeals being FA No. 393 of 1984 and FA No. 394 of 1984 and the cross-objections being COT 2102 of 1988 and COT 2103 of 1988 are disposed of.
In case any amount of money still remains in deposit with the Learned Registrar General of this Court, the Learned Registrar General is directed to pay the same along with the accrued interest thereon to the cross-objectors subject to compliance of all the necessary formalities by them in this regard. (Jyotirmay Bhattacharya, Chief Justice) (Dipankar Datta, J.) (Joymalya Bagchi, J.)