Kanak Projects Limited vs Kolkata Municipal Corporation ...
2021 Latest Caselaw 213 Cal/2

OD-1+2
                               APO 163 of 2020
                                     WITH
                               WPO 460 of 2019
                                      In
                                APO 10 of 2021
                            IA No. GA No. 1 of 2021

                     IN THE HIGH COURT AT CALCUTTA
                      CIVIL APPELLATE JURISDICTION
                              ORIGINAL SIDE

                       KANAK PROJECTS LIMITED
                               VERSUS
               KOLKATA MUNICIPAL CORPORATION AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SUBRATA TALUKDAR

AND The Hon'ble JUSTICE SAUGATA BHATTACHARYYA Date : 25th February,2021.

APPEARANCE:

Mr. Arindam Banerjee,Adv.

Mr. Avishek Roy Chowdhury,Adv.

....for appellants.

Mr. Alak Kr. Ghosh,Adv.

Mr. Subhrangsu Panda,Adv.

...for KMC

The Court :- Today we have heard Mr. Banerjee, learned Advocate

representing the appellant in both the appeals, APO No. 163 of 2020 and APO

No. 10 of 2021 on the issue whether the intra Court appeal is maintainable

against the order passed by the Hon'ble Single Bench dismissing the review

petition. The two hurdles which have been cropped up before us to be

considered in order to take a decision on the maintainability of the appeal

against the order rejecting the review petition, one of which is the express bar

as provided under Order 43 Rule 1 read with Order 47 Rule 7 of the Code of

Civil Procedure, 1908 as well as we need to consider whether the order passed

rejecting the review petition by the Hon'ble Single Bench is a judgment qua

clause 15 of the Letters Patent. The opening submissions have been made on

behalf of the appellants as well as the Kolkata Municipal Corporation, by Mr.

Ghosh representing the said Corporation.

These matters are posted for hearing further on 25th March, 2021 under

the same heading as heard in part.

(SAUGATA BHATTACHARYYA,J.) (SUBRATA TALUKDAR,J.)

S.Chandra