Calcutta High Court
Jaya Saha vs Sangita Saha And Ors on 10 December, 2024
Author: Soumen Sen
Bench: Soumen Sen
OD-3 to 5
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
APOT/212/2023
WITH
CS/96/2020
IA NO: GA/1/2023
JAYA SAHA
VS
SANGITA SAHA AND ORS.
Wt4
APOT/213/2023
IA NO: GA/1/2023
JAYA SAHA
VS
SANGITA SAHA AND ORS.
Wt5
APOT/214/2023
IA NO: GA/1/2023
JAYA SAHA
VS
SANGITA SAHA AND ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
AND
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 10th December, 2024.
Appearance:
Ms. Suparna Mukherjee, Sr. Adv.
Mr. Sayantan Bose, Adv.
Mr. Shounak Mukhopadhyay, Adv.
Ms. Priyanka Gope, Adv.
...for the appellant
Mr. P. Mukherjee, Sr. Adv.
Mr. Arnab Mukherjee, Adv.
...for the respondent
2
1. This matter has come at the instance of the Department for correction.
2. It appears that three appeals and related applications were disposed of on 3rd December, 2024. However, the order was transcribed in APOT/212/2023 and not in respect of the other appeals and related applications. This appeal being APOT/212/2023 was heard analogously with two other appals being APOT/213/2024 and APOT/214/2024 and disposed of on 3rd December, 2024 along with connected and related applications in respect of the said two appeals as well.
3. In view thereof, the cause title of the other two remaining appeals and applications being APOT/213/2023 along with IA NO: GA/1/2023 and APOT/214/2023 along with IA NO: GA/1/2023 shall also be mentioned one after the another after APOT/212/2023.
4. The Department shall record that on 3 rd December, 2024, the abovementioned appeals and the applications were disposed of and shall not be shown as pending as on date.
5. There are certain other inadvertent mistakes as pointed out by the learned counsel for the parties.
6. At page 3 last paragraph first sentence, instead of the word 'withdrawn', it should be 'withheld' and the amount mentioned in the following sentence should be Rs.63,05,360/- instead of Rs.12,70,606/-. In view of such correction, in the following sentence, between the words 'entire' and 'amount', the word 'withheld' should be inserted.
3
7. In view of such correction, the time to deposit the amount by the Standard Chartered Bank is extended by two weeks from the date of communication of this order along with the order dated 3 rd December, 2024.
8. At page 3 fifth line from top, the sentence starting with 'The appellant.....', between the words 'could' and 'have', the word 'not' should be inserted and the sentence shall read as 'The appellant could not have relied upon....'.
9. At page 4 towards the bottom, the sentence starting with 'Similar prayer...', the word 'appellant' mentioned in the sentence should be deleted and replaced by 'respondent no.1 widow'.
10. At page 2 first fresh paragraph starting with the sentence 'There are two issues...', in the fifth line of the said paragraph, the words 'original defendant' shall stand deleted.
11. Let these corrections be incorporated in the order dated 3 rd December, 2024.
12. The server copy shall be corrected accordingly.
(SOUMEN SEN, J.) (BISWAROOP CHOWDHURY, J.) s.pal/R.Bhar