Calcutta High Court (Appellete Side)
The Board Of Trustees For The Port ... vs Hindustan Steelworks ... on 1 July, 2021
07.
01.07.2021.
Ct. No. 11.
F.B.
MAT 287 of 2021
with
IA No. CAN 1 of 2021
(Via Video Conference)
The Board of Trustees for the Port of Kolkata & Anr.
-Vs.-
Hindustan Steelworks Construction Limited & Ors.
Mr. Jaydip Kar,
Mr. Ashok Kumar Jena,
Mr. Amit Nag
..... For the Appellants.
Mr. Jishnu Saha,
Mr. Dhiraj Tribedi
..... For the Respondent.
Mr. Bijoy Adhikari
Mr. Siddhartha Lahiri
... for the Respondent no.3.
Before the matter can be taken up for
consideration, an interim order in the writ petition dated
12th May, 2020 in WP 4795 (W) of 2020 along with CAN
3072 of 2020 and CAN 3073 of 2020 is produced by
Learned Counsel for the private respondents.
The interim order has been dictated by one of
us (Subrata Talukdar, J.). The argument is placed
before this Court by Learned Counsel for the private
respondents that in view of the interim order dated 12th
May, 2020 passed by one of us (Subrata Talukdar, J.),
the writ petition, although ultimately decided by
another Hon'ble Single Bench on the 4th February, 2021
being the judgment and order impugned in this appeal,
in view of the presence of one of us (Subrata Talukdar,
J.) at the interim stage during the pendency of the writ
petition, this Court may restrain itself from taking up
the appeal for consideration.
It would be necessary for this discussion to
quote the interim order dated 12th May, 2020. The
order reads as follows:
"Heard learned Counsel for the petitioner.
Learned Counsel for the petitioner submits that
the copy of the writ petition has been served on the
Respondents/the Kolkata Port Trust (KPT). However,
none represents the KPT.
In the opinion of this Court the factual matrix
presented requires the presence of both the parties.
Accordingly, let the matter next appear on the
15th of May, 2020 before the appropriate Bench.
Petitioner shall serve a copy of this order on
the non-appearing respondents/KPT and produce
proof of service on the next date.
Leave is granted to complete the formalities
connected to the filing of this writ petition within 48
hours of the lockdown being lifted.
Parties shall act on a server copy of this
order."
From the plain understanding of the order dated
12th May, 2020, this Court is not convinced that any
opinion on the merits of the writ petition was at all
expressed. The order dated 12th May, 2020, which
speaks for itself, only restricts further adjudication of
the writ petition except in presence of the answering
respondents.
In the above view of the matter, this appeal is
taken up for consideration.
Parties are heard at some length.
Let the matter be next posted for consideration
under the same heading "Applications" on the 13th of
July, 2021.
All parties to act in terms of the copy of the
order downloaded from the official website of this Court.
(Ravi Krishan Kapur, J.) (Subrata Talukdar, J.)
