Calcutta High Court
Abhijit Sett vs State Of West Bengal & Ors on 11 March, 2008
Author: Tapen Sen
Bench: Tapen Sen
APO No. 279 of 2004
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
ABHIJIT SETT
Versus
STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE TAPEN SEN
The Hon'ble JUSTICE SADHAN KUMAR GUPTA Date : 11th March, 2008.
Mr.Ramesh Dhara, adv., for the appellant.
The Court : Reference be made to the order dated 18th February, 2008 which reads as follows :-
"It is stated by Mr.Ramesh Dhara, learned counsel appearing for the appellant, that the appeal has already been disposed of on July 22, 2004. The department shall check and submit a report before this Court. Put up on Monday next."
The department has now submitted its report indicating that on 22nd July, 2004 this appeal was actually disposed of.
The relevant portion of the said report submitted by the Superintendent, Appeal Section (O.S) on 11th March, 2008 reads as follows :-
"Pursuant to the order dated 18th February, 2008, passed by Your Lordships, I am submitting herewith before Your Lordships 2 that this department had no knowledge about the order dated 22nd July, 2004 passed by the Hon'ble Justice Altamas Kabir (as His Lordship then was) and the Hon'ble Justice S.K. Gupta. Even there was no endorsement on the Memorandum of Appeal for which such type of mistake has been done without knowing any fate of this appeal at the time of listing.
Now, the Dictated Order dated 22nd July, 2004 has been traced out, (xerox copy of the dictated order sent herewith) which shows that this appeal has also been disposed of."
In view of the aforementioned report, no further order is required to be passed on this appeal as the same has already been disposed of.
All parties concerned are to act on a signed photostat of this order on the usual undertakings.
(TAPEN SEN, J.) (SADHAN KUMAR GUPTA, J.) sd/