Calcutta High Court (Appellete Side)
West Bengal Power Development ... vs Emta Coal Limited & Anr on 15 June, 2016
Author: Nishita Mhatre
Bench: Nishita Mhatre
1
15.06.2016
Item No.3
ad
M.A.T 624 of 2016
With
C.A.N 3821 of 2016
West Bengal Power Development Corporation
Vs.
EMTA Coal Limited & Anr.
Mr. Jayanta Kumar Mitra, ld. A.G,
Mr. Abhrajit Mitra,
Mr. Jishnu Chowdhury,
Mr. Chayan Gupta,
Mr. Sandip Dasgupta,
Mr. Ravitej Chilumuri
...... For the appellant
Mr. S.K Kapur,
Mr. Jishnu Saha,
Mr. Sanjib Kumar Mal,
Mr. Ravi Kapur,
Mr. Atanu Roychaudhuri,
Mr. Pushan Majumder,
Ms. Aisani Bose
...... For the respondents
Mr. Kapur, the learned counsel appearing for the respondents seeks an adjournment to file an affidavit. He opposes the prayer made by the learned Advocate General for a stay of the order dated 22nd March, 2016 passed by the learned single Judge. Mr. Kapur further submits that the present order has been passed on a different set of facts than those which we had considered in A.S.T 7 of 2016 along with other appeals. He also submits that no order has been passed under Section 11 of the Coal Mines (Special Provisions) Act, 2015 and, therefore, no stay should be granted in the instant case.
Although the learned Advocate General has tried to impress upon us that the aforesaid order requires to be stayed in view of our decision in A.S.T 7 of 2016 and several other appeals, we are of the view that since there was no stay 2 granted after 22nd March, 2016, a short period of time should be granted to the respondents to file their responses to the application for stay filed by the appellant.
Accordingly, the respondents shall file their affidavit-in-opposition to the present application within a week from today and reply, if any, be filed within a week thereafter. List the matter on 29.06.2016.
All the pleadings must be served before the matter comes up for hearing.
(Nishita Mhatre, J.) (Rakesh Tiwari, J.) 3 4