Sri Tapan Kumar Mondal & Ors vs Union Of India & Ors
2022 Latest Caselaw 7321 Cal

03.11.2022
Item No.03
Court No.32
Avijit Mitra
                         FMA 1366 of 2017
                                with
                IA No. CAN 1 of 2015 (Old No. 10597 of 2015)


                     Sri Tapan Kumar Mondal & ors.
                               - Versus -
                          Union of India & ors.


                     Mr. Malay Dhar,
                     Mr. Satyajit Mondal,
                     Mr. Amar Nath Sen,
                     Mr. Shauvik Naskar,
                     Mr. Amit Bikram Mahata
                                        ....for the appellants
                     Mr. Simanta Kabir,
                     Mr. Nirjhar Nath
                                        ...for the State
                     Mr. Sumit Ray
                                  ....for the respondent nos.4 to 6

Mr. Saptansu Basu, Sr. Adv., Mr. Piush Chaturvedi, Mr. Uttam Kumar Mandal ....for the respondent no.2

Pursuant to the earlier direction of this Court an

affidavit-in-opposition has been filed on behalf of the

respondent no.2 by the Senior General Manager of

Power Grid Corporation of India Limited.

On the prayer of Mr. Dhar, learned advocate

appearing for the appellants, the Senior General

Manager, Power Grid Corporation of India Limited is

added as a party respondent to the present appeal.

As Mr. Basu, learned senior advocate appearing

for the respondent no.2 can also appear on behalf of

the added respondent, service of copies of the

memorandum of appeal and the connected application

upon the said respondent, is dispensed with.

The learned advocate appearing for the

appellants is granted leave to make necessary

correction in the cause title of the memorandum of

appeal as well as in the stay application.

In course of his submission today, Mr. Dhar has

placed reliance upon an unreported judgment

delivered by the Hon'ble Apex Court in the case of

M/s. Suzlon Energy Ltd. Vs. Jayanthi & ors.

Mr. Basu, learned senior advocate submits that

the said judgment is distinguishable on facts and has

no manner of application in the present case.

The learned advocates appearing for the

respective parties have concluded their arguments.

Judgment reserved.

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