Gokul Chandra Mondal vs Goutam Roy & Ors
2021 Latest Caselaw 521 Cal

   9.
22.01.2021
  S.D.

                                    S.A. 161 of 2011
                                          With
                       CAN 6 of 2017 (Old No. CAN 10507 of 2017)

                                 Gokul Chandra Mondal
                                         Vs.
                                  Goutam Roy & Ors.

                  Mr. Sounak Bhattacharya
                  Mr. Debanjan Das
                                              ...For the Appellants

                    In re: CAN 6 of 2017 (Old No. CAN 10507 of 2017)



                  An appropriate order has been sought for in this

             application for expeditious hearing of the Second Appeal in

             view of the direction of the Hon'ble Supreme Court passed in

             Civil Appeal No. 10597 of 2017 (Goutam Roy & Ors. Vs.

             Gokul Chandra Mondal) whereby the Hon'ble Apex Court

             was pleased to request the Court to decide the Second Appeal

             afresh on merits in accordance with law expeditiously

             preferably within four months from the date of receipt of the

             order. The case was remanded by the High Court to the Trial

             Court to implead the Receiver and thereafter to adjudicate the

             matter.   The impugned judgment and order of the High

             Court was set aside on the ground inter alia that the receiver
                            2




was discharged and the remand of the case becomes rendered

unnecessary as well as his impleadment.

      Therefore, let this matter be placed two weeks hence

under the heading for "Final Hearing".

      Department is directed to see that the Lower Court

Records sent down to the Courts below be called for and be

placed on the date fixed.

      Thus, CAN 6 of 2017 (Old No. CAN 10507 of 2017) is

disposed of.

      There will be no order as to costs.

      Affidavit of service filed in Court be kept on record. It

reflects that the steps taken for service of notice of this appeal

after the Hon'ble Supreme Court decision, but the Advocate

on Record Bhabani Prasad Mondal has endorsed on the

Advocate's letter on 14.11.2017 that he is no longer in the

Second Appeal as he had returned the brief with No

Objection to the client.

      Therefore, a notice be also sent to the respondents

intimating the next date of hearing by Speed Post with A/D or

by any arrangement with the direction to file Affidavit of

service to this effect on the returnable date.

(Shivakant Prasad, J.)