Calcutta High Court (Appellete Side)
Dr. Milly Dey vs Burn Standard Co. Ltd on 29 January, 2021
29.01.2021
1
ns Ct.04
F.M.A. 2447 of 2007
With
I.A. No.CAN 6 of 2011 (Old CAN 10189 of 2011)
With
I.A. No.CAN 7 of 2016 (Old CAN 11913 of 2016)
With
I.A. No.CAN 8 of 2018 (Old CAN 5206 of 2018)
With
I.A. No.CAN 9 of 2020 (Old CAN 2539 of 2020)
Dr. Milly Dey
Vs.
Burn Standard Co. Ltd.
Ms. Milly Dey .... applicant-in-person.
Mr. Soumya Majumder ... for respondent.
Applicant, who was appellant in the disposed
of appeal, appears in person. The appeal was disposed of
by judgment dated 2nd August, 2007. It appears therefrom,
the disputes were worked out. One term, of many terms,
was applicant would not be entitled to salary for period
from 5th September, 2001 to 5th August, 2003.
We have perused order sheet. We find
applicant had applied in contempt for working out said
terms, on which the appeal was disposed of. Mr.
Majumder, learned advocate appears on behalf of
respondent. He hands up order dated 30 th April, 2010
passed by a Division Bench presided over by same learned
Judge, who had also presided over the Bench in dealing
with the appeal and disposing of it. It appears from order
dated 30th April, 2010 that applicant had filed CAN 7428 of
2009 praying for, inter alia, she being allowed to withdraw
the concession and consequent modification of judgment
dated 2nd August, 2007 regarding her not being entitled to
obtain salary for said period. The Division Bench in
passing the order considered her argument, dealt with
judgments relied upon by her and observed that at the
hearings of the appeal and on 2 nd August, 2007, she was
represented by a stalwart at the Bar and was also
personally present in Court. Said application (CAN 7428 of
2009) was disposed of but on sympathetic grounds, cost
was not awarded.
She then made another application being CAN
10189 of 2011 with prayer for grant of arrear full salary for
the period. Yet another application (CAN 11913 of 2016)
was made by her carrying same prayer. Order sheet
reveals, she had appeared in support of these applications,
in person, some times and was absent at other times. CAN
11913 of 2016 is there in the file but CAN 10189 of 2011 is
untraceable and by order dated 16th February, 2018, made
by coordinate Bench, there was direction for reconstruction
upon obtaining true copies of all relevant documents, duly
authenticated by applicant. This direction has not been
carried out. We are not inclined to find out why.
We have obtained a copy of CAN 10189 of 2011
from Mr. Majumder. Copies of said order dated 30 th April,
2010 and CAN 10189 of 2011 are handed back to Mr.
Majumder for making copies for the Bench and an extra
copy for applicant, to be handed over in Court today.
List the applications on 3rd February, 2021.
(Arindam Sinha, J.)
(Suvra Ghosh, J.)
