Tilak Ratan Realtors Pvt. Ltd. & ... vs The Kolkata Municipal ...
2021 Latest Caselaw 417 Cal/2

OD1


                               APO 76 of 2021
                                    With
                              WPO 579 of 2018
                             IA GA No. 1 of 2021
                              GA No. 2 of 2021
                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                               ORIGINAL SIDE

                                (Vacation Bench)


                 TILAK RATAN REALTORS PVT. LTD. & ANR.
                               VERSUS
              THE KOLKATA MUNICIPAL CORPORATION & ORS.


  BEFORE:
  The Hon'ble JUSTICE I.P.MUKERJI

AND The Hon'ble JUSTICE SUBHASIS DASGUPTA Date : 7th May, 2021.

(via video conference)

Appearance :

Mr. Jishnu Saha,Sr. Adv.

Mr. Arindam Banerjee,Adv.

Mr. Tanay Agarwal,Adv.

Mr. Ishaan Saha,Adv.

Mr. Avishek Banerjee,Adv.

Mr. Achintya Kr. Banerjee,Adv.

Ms. Chama Mookherji,Adv.

Ms. Era Ghose,Adv.

The Court:- This appeal against the judgment and order dated 21st April,

2021 passed by the learned single judge of this court in a writ application

dismissing the writ, imposing cost of Rs. 25,00,000/-, carrying 6 per cent

interest per annum, if not paid within a month of the order, and a direction on

the learned Registrar General of this court to initiate proceedings under section

340 of the code of criminal procedure is formally admitted.

The urgency with which the said application is placed before us is that the

learned Registrar General is proceeding during the vacation to draw up the case

under section 340.

Considering the prima facie case, the balance of convenience and all other

circumstances, we direct that no further steps be taken in respect of the section

340 proceedings, and that the cost as directed by the said impugned judgment

and order be not paid till 7th June, 2021 or until further order, whichever is

earlier.

All points are kept open before that bench.

List the appeal and the stay application before the regular bench on 18th

May, 2021.

(I.P.MUKERJI,J.)

(SUBHASIS DASGUTPA,J.)

s.chandra