Calcutta High Court (Appellete Side)
Haldiram Limited vs Kolkata Metropolitan ... on 4 February, 2021
04.02.
44
2021
AG
M FA 273 of 2016
Ct With
02 CAN 1 of 2015 (Old CAN 1257 0f 2015)
CAN 2 of 2021
Haldiram Limited
vs
Kolkata Metropolitan Development
Authority & Ors
Ms. Manju Agarwal,
Mr. Bajrang Manot,
... For the Appellant.
Mr. Satyajit Talukdar, ... For the Respondents.
Although three reliefs have been couched in the
instant application but essentially this is an application
for an expeditious disposal of the appeal.
From the order dated 15th April, 2016, it appears
that there was a defect pointed out in the decree
passed in the suit and a direction was made to send it
down for correction. The office note dated 8 th August,
2016 reveals that the said decree was duly corrected
and returned to this Court. The talabana of Rs. 4/-
along with written up notice forms for effecting service
of notice of appeal upon respondent nos. 1 to 3 has not
been put in. The orders depict that till this time the
aforesaid compliance has not been made.
Since the respondents have entered appearance
through Mr. Satyajit Talukdar, who undertakes to file
vakalatnama in the department within a week from
date. The notice of appeal upon the respondents is
waived by him.
In view of the appearance of Mr. Satyajit Talukdar
on behalf of the respondents, we do not feel that there
is any necessity of putting the talabana for effecting
service of notice of appeal upon the said respondents.
The office note in this regard may be ignored.
Since the respondents have entered appearance,
the appeal shall be treated ready as regards service.
Let the Lower Court Records be called for through
Special Messenger at the cost of the appellant. Such
cost shall be put in within a week.
After arrival of the Lower Court's Records, office
shall examine the same and shall issue notice of arrival
of Lower Court Records under Rule 12 of Chapter 9 of
the Appellate Side Rules upon the learned Advocate-on-
record for the appellant forthwith.
The appellant is directed to prepare and file eight
numbers of requisite informal paper books-printed,
typewritten or cyclostyled, as the case may be -out of
court, within a period of eight weeks from the date of
service of notice of arrival of Lower Court Records on
the learned Advocate for the appellant.
All formalities including the preparation of the
appellant's declaration are dispensed with.
Immediately upon filing of the paper books within
the time indicated hereinabove, the office shall make
an endorsement that the appeal is ready for hearing.
Liberty is granted to pray for early disposal of the
appeal before the appropriate bench.
The application being CAN 2 of 2021 is disposed
of.
CAN 1 of 2015 (Old CAN 1257 0f 2015)
This is an application seeking stay of the operation
of the impugned judgment and decree till the disposal
of the instant appeal. The suit filed by the
appellant/plaintiff seeking various declarations and the
injunction stood dismissed by the trial Court.
At this time, the learned advocate for the
appellant submits that her client does not intend to
press the instant application.
In view of the above, the application is dismissed
as not pressed.
(Harish Tandon, J)
(Kausik Chanda , J)
