Suvendu Adhikari vs Rakesh Diasi & Ors
2022 Latest Caselaw 5948 Cal

07.   26.08.2022
      Ct. No.6
      Tanmoy
                                    M.A.T. 1213 of 2022

                                    Suvendu Adhikari
                                        -Versus-
                                    Rakesh Diasi & Ors.

                                             With
                                    IA No: C.A.N. 1 of 2022
                                             With
                                    IA No: C.A.N. 2 of 2022
                                             With
                                    IA No: C.A.N. 3 of 2022


                        Mr. Bikram Banerjee, Adv.,
                        Mr. Arkadeep Biswas, Adv.

                                     ...for the appellant.

                        Mr. Milan Bhattacharya, Adv.,
                        Mr. Balailal Sahoo, Adv.,
                        Mr. Kaustuv Mishra, Adv.

                                     ...for the respondent no.1/

writ petitioner.

Mr. Raja Saha, Adv., Mr. S.P. Lahiri, Adv.

...for the State respondents.

Mr. P.K. Roy, Adv., Mr. Ankit Sureka, Adv., Mr. Biplab Das, Adv.

...for the respondent nos.3 & 4.

Mr. D.K. Sengupta, Adv., Ms. Sweta Saha, Adv.

...for the respondent nos. 5 & 6.

Mr. Surajit Samanta, Adv., Mr. Uttam Kr. Bhattacharyya, Adv.

...for the respondent no. 7.

This appeal is sought to be preferred against a

judgment and order dated April 8, 2022, whereby

W.P.A. 5454 of 2022 was allowed by directing the

Chairman of the Vidyasagar Central Co-operative Bank

Ltd. (respondent no.6 in the writ petition), to take steps

as expeditiously as possible and preferably within a

fortnight from the date of the order, for granting

appointment to the writ petitioner in the vacant post. We

are told that the order has been implemented and the

writ petitioner has joined the concerned post on May 18,

2022.

The appellant was not a party to the writ petition

before the learned Single Judge. Accordingly, the

appellant has filed an application for leave to prefer

appeal against the aforesaid order. The appellant says

that he is a Director of the Co-operative Bank. The

impugned order is contrary to law and therefore, he, in

order to protect his Institution i.e. the Bank, has filed

this appeal.

There is strong opposition from the respondents to

leave being granted to the appellant to file this appeal.

Let affidavits-in opposition be filed by the respondents to

the application for leave to appeal, the application for

condonation of delay as also the stay petition, within

four weeks from date i.e. September 23, 2022. The

petitioner would be at liberty to file his replies by

November 9, 2022.

List the matter under the same heading on

November 11, 2022.

The affidavits that the respondents may file will be

without prejudice to their contention that this appeal is

not maintainable.

(Rai Chattopadhyay, J.) (Arijit Banerjee, J.)