Calcutta High Court
Pragati Engg.Pvt.Ltd. & Anr vs R P F C Comm.W B & Andaman & Nicobar Ils on 2 February, 2011
Author: Tapen Sen
Bench: Tapen Sen
WP No. 1838 of 1997
GA No. 220 of 2011
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
PRAGATI ENGG.PVT.LTD. & ANR. Petitioners
Versus
R P F C COMM.W B & ANDAMAN & NICOBAR ILS Respondents
For Petitioners : Mr. Indra Nath Mukherjee, Advocate Mr. D. K. Bhattacharjee, Advocate For Respondents : Mr. Anil Gupta, Advocate BEFORE:
The Hon'ble JUSTICE TAPEN SEN Date : 2nd February, 2011.
The Court : This is an Application for restoration of the Writ Petition which stood dismissed for default by Order dated 11.3.2003. The Writ Petition being WP No. 1838 of 1997 was so dismissed by the Hon'ble Justice Girish Chandra Gupta as nobody appeared on behalf of the Petitioner but Mr. Anil Kumar Gupta had appeared for the Respondents. He is appearing today also and is raising a preliminary objection on the ground that after so many years, the Writ Petition cannot be allowed to be restored in such a routine manner. Considering however, the facts and circumstances of this case and specially the statements made in Paragraph 6, this Court is of the view that ends of justice will be met if the Writ Petition is ordered to be restored by recalling the Order dated 11.3.2003 subject to payment of costs of Rs. 10,000/- (Rupees Ten Thousand only) through an Account Payee Cheque 2 which is to be drawn in favour of the Regional Provident Fund Commissioner, Kolkata by the 15th of February, 2011. If such payment is made and Receipt therefor is obtained, the said Receipt must be deposited in the Department on or before the 15th of February, 2011. Subject to such compliance, the Order dated 11.3.2003 be recalled and the Writ Petition will be restored to its original file. Subject to payment of costs as aforesaid, the Writ Petition shall be listed under the heading "Court Applications" on the 21st of February, 2011.
Department and all parties concerned are to act on a Photostat signed copy of this order on usual undertakings.
(TAPEN SEN, J.) M.Sen