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Calcutta High Court (Appellete Side)

Ct. 37 vs Shankar Mondal & Ors on 6 August, 2019

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13                                       FMA 1170 of 2016
     06-08-2019
sg
                                           Kalyani Bag
       Ct. 37                                 Versus
                                      Shankar Mondal & Ors.



                         This matter had initially appeared in the warning list and

                  continued to appear in the warning list for quite sometime before it

                  was transferred to the regular Bench.


                         The matter has been appearing in the list for quite sometime.

                  The parties have adequate notice of the matter. However, the

                  parties are not represented. It appears that CAN 702 of 2016 along

                  with CRC 10 of 2016 are pending. However, it appears that CRC

                  10 of 2016 was assigned to the Hon'ble Justice Jyotirmay

                  Bhattacharya (former Chief Justice of this Court) and Hon'ble

                  Justice Sahidullah Munshi by an order of the Hon'ble Acting Chief

                  Justice dated    September, 2016.


                         In so far as FMA 1170 of 2016 is concerned, the said appeal

                  was directed to be put up before the Division Bench presided over

                  by Hon'ble Justice Sahidullah Munshi by the order of the Hon'ble

                  Chief Justice dated 13th May, 2016.


                         Before we taking up FMA 1170 of 2016 we feel that an

                  appropriate notice should be served upon the recorded Advocates-

                  on-Record and both the parties by the department concerned. We

                  find from the record that Mr. Nikunj Berlia, Advocate of 10/1,

                  Princep Street, 2nd Floor, Kolkata-700072 is the recorded

                  Advocate-on-Record of the appellant and Mr. Raja Tarafdar,

                  Advocate of 6 Old Post office Street, Basement Room No. 14A,

                  Kolkata-700 001 is the recorded Advocate-on-Record of the

                  respondents.
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The department is directed to issue notices upon the said Advocates with an intimation that CAN 4587 of 2016, CAN 2728 of 2016 and CAN 702 of 2016 with FMA 170 of 2016 shall appear after three weeks.

The department is directed to make available all the applications and the necessary papers by the adjourned date. (Ravi Krishan Kapur, J.) (Soumen Sen, J.)