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Calcutta High Court (Appellete Side)

In Re: Deepak Kumar Mukherjee vs Kolkata Municipal on 10 September, 2010

Author: Soumitra Pal

Bench: Soumitra Pal

9.2010
                      W.P. 18406 (W) of 2010


         In re: Deepak Kumar Mukherjee        ... Petitioner
                        Vs.
                  Kolkata Municipal
                  Corporation & Ors.          ... Respondents

Mr. Tulsidas Ray Mr. Himangshu Ghosh Mr. Tapan Roy ... for the petitioner Mr. Biswajit Mukherjee Ms. Sima Chakraborty ... for K.M.C. Mrs. Abha Ray Ms. Amrita Sinha ... for the State Mr. Jiban Ratan Chatterjee, Senior Advocate, Mr. Koushik Dey ... for respondent Nos. 4, 5 & 6 Mr. Arindam Mukherjee Mr. Avirup Chatterjee ... for respondent Nos. 7 and 8 Heard Mr. Ray, learned advocate appearing on behalf of the petitioner.

Mr. Chatterjee, learned senior advocate, appearing on behalf of respondent nos. 4, 5 and 6 submits that the orders in the suit having Title Suit No.31 of 1990 ( Dipak Kumar Mukherjee vs. Deb Kumar Mukherjee and others), which are relied on by the petitioner, as evident from annexures to the writ petition, cannot be the ground of submission on behalf of the petitioner since from the order dated 25th August,2009 passed in the said suit it appears that the suit was dismissed for non-prosecution. Let a copy of the said order furnished in Court today be kept on record. Let a copy of the same be furnished to Mr. Roy in course of this day.

Learned advocate for the petitioner prays for time to obtain instruction.

Let the matter appear as 'Listed Motion' on 1st October, 2010 when the petitioner shall produce the plaint.

( Soumitra Pal, J.)