Calcutta High Court (Appellete Side)
Merittrac Services Private ... vs Steel Authority Of India & Ors on 16 December, 2021
(Through Video Conference)
16.12.2021
serial no. 16
Dd WPA 2813 of 2018
with
I.A no. CAN 2 of 2020(Old No. 1462 of 2020)
MeritTrac Services Private Limited
Vs.
Steel Authority of India & Ors.
Mr. Kishore Dutta, ld. sr. adv.
Mr. Sanjit Chakraborty,
Mr. Sunny Nandy, Advocates
... ... for the Petitioner
Mr. Anirban Ray,
Mr. Prantik Gorai, Advocates
... ... for the SAIL
CAN 1462 of 2020 is an application for
expeditious hearing of the connected writ petition.
The prayer couched in CAN 1462 of 2020 runs
infra ;-
"In such circumstances, the petitioner humbly
prays before this Hon'ble Court that Your Lordship
would graciously be pleased to dispose of the
instant writ petition as expeditiously as possible, as
the business of this Hon'ble Court permits and direct
the Respondent authority to cancel and or rescind
the impugned order dated 2nd January, 2018 and
not to blacklist the Petitioner and to pass such other
order or orders as to Your Lordship may deem fit
and proper."
Mr. Kishore Dutta, learned senior advocate
appears on behalf of the applicant and prays for
extension of interim order which was passed on 15 th
February, 2018 on the writ petition while pressing
the present application. In support of such prayer
made for extension of interim order reliance is
placed on the judgment delivered in Dr.
Baidyanath Mukherjee vs. State of West
Bengal & Ors. reported in 1982 SCC OnLine Cal
235, paragraphs 2, 4 and 8.
Mr. Anirban Roy, learned advocate appears on
behalf of the Steal Authority of India Limited and
opposes the prayer made on behalf of the writ
petitioner for extension of interim order on the
ground that the interim order stood vacated after
30th of June, 2018. An application was made by the
writ petitioner praying for ad interim order of
injunction and the said application was dismissed by
the co-ordinate Bench on 24th June, 2019.
Mr. Roy has also prayed for extension of time
to use affidavit-in-opposition in terms of the order
passed by this Court on 15th February, 2018.
This Court has heard Mr. Kishore Dutta,
learned senior advocate as well as Mr. Anirban Ray,
learned advocate representing the parties to this
writ petition and also considered the materials
available on the application. Dr. Baidyanath
Mukherjee (supra) relied upon by Mr. Dutta during
the course of hearing does not come in aid of the
prayer of the writ petitioner for extension of interim
order in view of the fact that previous attempt to
get the interim order dated 15th February, 2018
extended or reimposed was turned down by the co-
ordinate Bench by passing order dated 24 th June,
2019 when the application being CAN 2791 of 2019
was dismissed. Today, this Court is also not
considering any subsequent application preferred by
the writ petitioner for extension of interim order and
the application, being CAN 1462 of 2020, is for
expeditious hearing of the writ petition.
In the above conspectus, the prayer for
reimposition of interim order as prayed for on behalf
of the writ petitioner is refused.
Time to file affidavit-in-opposition to this writ
petition is extended for a period of one week after
x-mas vacation and reply, if any, be filed within one
week thereafter. The matter is directed to appear
in the list under the heading 'Hearing' on 17th
January, 2022 as fixed matter. Time extended for
filing affidavit is peremptory.
This application being I.A no. CAN 2 of
2020(Old No. 1462 of 2020) stands disposed of.
Urgent photostat certified copy of this order, if
applied for, be given to the learned Advocates for
the parties on usual undertakings.
(Saugata Bhattacharyya, J.)
