Society Ltd vs District Engineer & Anr
2022 Latest Caselaw 4679 Cal

22.07.2022
Item No. 08
Court No.32
Avijit Mitra
                          FAT 203 of 2018
                                with
               IA No. CAN 1 of 2018 (Old No.CAN 2860 of 2018)

                     Adonis Engineers' Co-operative Construction
                     Society Ltd.
                                  -vs-
                          District Engineer & anr.


                     Mr. Ayan Banerjee,
                     Mr. Arijit Bhowmik,
                     Ms. Debasree Dhamali,
                     Mr. Suman Banerjee,
                     Ms. Riya Ghosh
                                       ....for the appellant
                     Mr. Uttiya Ray,
                     Mr. Arnab Mondal
                                       ....for the respondents

The present appeal has been preferred challenging

the judgment and decree dated 21st December, 2017,

passed by the learned Civil Judge (Senior Division),

Burdwan in Money Suit No.15 of 2012. In connection

with the appeal, an application for condonation of delay

being CAN 2860 of 2018 has been filed.

Upon hearing the learned advocates appearing for

the respective parties and upon considering the

averments made in the condonation application, we are

satisfied with the explanation given towards the delay in

preferring the appeal.

Accordingly, the delay of 14 days is condoned and

the application for condonation of delay being IA no.

CAN 1 of 2018 (Old No. CAN 2860 of 2018) is disposed

of.

Let the hearing of the appeal be expedited.

As Mr. Ray, learned advocate has entered

appearance on behalf of the respondents, service of notice

of appeal upon the said respondents is dispensed with.

Lower Court Records be called for through Special

Messenger at the cost of the appellant. Such costs shall

be deposited within two weeks from date.

Immediately, after arrival of the 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 advocates appearing for the

appellant and the respondents.

The appellant is 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 to 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

appellant shall incorporate all the relevant documents in

the informal paper books.

Liberty to mention.

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