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Calcutta High Court

Modula India vs Kamakhya Singhdeo on 21 November, 2013

Author: Debasish Kar Gupta

Bench: Debasish Kar Gupta

                                ORDER SHEET
                              APD No.398 of 2012
                                     With
                               CS No.568 of 1979
                      IN THE HIGH COURT AT CALCUTTA
                       CIVIL APPELLATE JURISDICTION
                                ORIGINAL SIDE



                                  MODULA INDIA
                                     Versus
                               KAMAKHYA SINGHDEO


  BEFORE:

  The Hon'ble JUSTICE DEBASISH KAR GUPTA

  The Hon'ble JUSTICE ISHAN CHANDRA DAS

  Date : 21st November, 2013.


                                                                       Appearance:
                                                         Mr. Raj Kr. Gupta, Adv.
                                                             . . .for the appellant.
                                                  Mr. Mani Mahan Chandra, Adv.
                                                           .. .for the respondent.

The Court: A prayer is made on behalf of the appellant to adjourn the hearing of this matter. The appellant has failed to produce the receipt in respect of payment of up to date occupation charges of suit premises in terms of the order passed in this appeal.

On November 12 and 13, 2013 the hearing of this matter was adjourned considering the prayer made on behalf of the appellant.

The above conduct of the appellant is disapproved by us. However, the hearing of this matter stands adjourned to November 25, 2013 to give the 2 appellant one more chance subject to compliance of the order dated November 13, 2013 as also subject to payment of a cost of Rs.1700/- towards the fees for the learned Advocate appearing for the respondent. The payment of cost is condition precedent.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.

(DEBASISH KAR GUPTA, J.) (ISHAN CHANDRA DAS, J.) sp/