Sri Swapan Kumar Dutta & Others vs Sri Debi Prasad Dey & Others
2022 Latest Caselaw 5015 Cal

02.08.2022
Court No.32
 rpan/12
                                FAT 55 of 2019
                                        +
                 IA No.: CAN 1 of 2019 (Old No.: CAN 2058 of 2019)
                      Sri Swapan Kumar Dutta & Others
                                     - Versus -
                          Sri Debi Prasad Dey & Others

                    Mr. Sounak Bhattacharya,
                    Mr. Sounak Mondal
                                ... for the Appellants.

                              In Re.: IA No.: CAN 1 of 2019
                           (Old No.: CAN 2058 of 2019) [Stay]

                    Records reveal that no one appeared on behalf of

              the respondents on 16th June, 2022 when the matter was

last taken up for hearing. On the said date the affidavit-

of-service was filed enclosing the envelopes which had

returned from the respondents with the postal remark

'refused'.

Records further reveal that a Coordinate Bench of

this Court passed an interim order on 19 th April, 2022

staying the operation of the judgment and decree

impugned in the present appeal for a period of eight

weeks.

Upon hearing the learned advocate appearing for

the appellants and considering the materials on record,

the interim order passed earlier is extended till the

disposal of the appeal.

The application for stay, being IA No.: CAN 1 of

2019 (Old No.: CAN 2058 of 2019) is, thus, disposed of.

In Re.: FAT 55 of 2019

Let the hearing of the appeal be expedited.

The appellants are directed to put in the requisites

within two weeks from date for service of notice of appeal

upon the respondents.

Lower court records be called for through Special

Messenger at the cost of the appellants. Such cost shall

be deposited within two weeks from date.

Immediately, after arrival of lower court records, the

office shall examine the same and, if found complete,

shall issue notice of arrival of lower court records to the

learned advocate appearing for the appellants.

Appellants are directed to prepare requisite

number of informal paper books - printed, typewritten or

cyclostyled, as the case may be, out of Court, within four

weeks from the date of service of notice of arrival of lower

court records and shall file the same after serving copies

thereof upon the learned advocate appearing for the

respondents.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellants is directed to incorporate all the relevant

documents in the informal paper books.

Liberty to mention.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance of

all requisite formalities.

(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)