Sokhina Bibi vs Sahidur Rahaman @ Sahidur Islam & ...
2022 Latest Caselaw 6521 Cal

13.09.2022
Court No.12
 S/L. No. 4
  Suvayan/
  Sourav
                                MAT 751 of 2022
                                      With
                              IA No. CAN 1 of 2022

                               Sokhina Bibi
                                   Vs.
                   Sahidur Rahaman @ Sahidur Islam & Ors.

              Mr. Kalyan Kumar Bandopadhyay, Sr. Adv.
              Mr. R. A. Agarwala
              Ms. Nibedita Pal
              Mr. Ramesh Dhara
              Mr. A. G. Mukherjee
                                              ...for the appellant.

              Mr. Ajoy Chatterjee, Sr. Adv.
              Mr. M. Alam Sk.
              Mr. Timir Baran Saha
                                              ...for the respondent no. 1.

Mr. Susovan Sengupta Mr. Subir Pal ...for the State.

Heard Mr. Kalyan Kumar Bandopadhyay,

learned Senior Counsel appearing for the appellant,

Mr. Susovan Sengupta, learned Counsel appearing for

the State and Mr. Ajoy Chatterjee, learned Senior

Counsel appearing for the respondent No. 1.

A short question involved in the present appeal

is whether the widow of a son who has died after the

death of the deceased M. R. Dealer can be considered

as a family member within the ambit of Section 2(M) of

the 2013 Control Order.

Mr. Bandopadhyay, learned Senior Counsel

submits that the present appellant is the daughter-in-

law of the deceased M. R. Dealer. After her death, her

son (husband of the present appellant) applied for

compassionate appointment. All the family members

gave their no objection. While the matter was under

process, husband of the present appellant died.

Thereafter, the present appellant was appointed as a

M. R. Dealer legality of which is in question in the

present appeal. But is fairly submitted at the Bar that

the present appellant is continuing the dealership as

on date.

Regard being had to such fact, we deem it just

and proper to dispense with all the formalities of filing

of paper books, etc. and hear the appeal expeditiously.

Accordingly, list this matter on November 10,

2022 for hearing and final disposal.

Learned Counsel for both the parties are

directed to file written notes, if any, or judgments they

rely on, if any, by the said date.

In view of the admitted fact and submission at

the Bar that the appellant is continuing as M. R.

Dealer let her continue as such till disposal of the

appeal.

This order shall be without any prejudice to the

claim of any of the respondents.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)