Sri Dipankar Paul & Ors vs The Kolkata Municipal ...
2023 Latest Caselaw 6022 Cal

      4.
08-09-2023
(Ct. no.06)
 debajyoti
                 IN THE HIGH COURT AT CALCUTTA
                     Civil Appellate Jurisdiction
                           APPELLATE SIDE

                              MAT 1642 of 2023
                                    +
                             IA NO:CAN/1/2023
                                    +
                                CAN/2/2023

                       Sri Dipankar Paul & Ors.
                                 Vs.
               The Kolkata Municipal Corporation & Ors.

               Mr. Lakhhi Gupta, Sr. Adv.,
               Mr. Debdutta Sen,
               Mrs. Suchishmita Ghosh,
               Mr. Prasun Ghosh
                                         ... For the Appellants.
               Mr. Alak Kumar Ghosh,
               Mr. Arijit Dey
                                          ... For K.M.C.
               Mr. Ayan Banerjee,
               Ms. Debasree Dhamali
                                      ... For the Respondents/Writ

Petitioners.

CAN 1 of 2023 is an application for condonation of delay of 171 days, as per report of the Additional Stamp Reporter, in filing the appeal. Causes shown being sufficient, the delay is condoned.

The application being CAN 1 of 2023 is, thus, allowed.

Re : MAT/1642/2023 & CAN/2/2023

This appeal is directed against a judgment and order dated February 02, 2023, whereby the writ petition of the respondent nos.5 and 6 herein, being WPA 6471 of 2019 was disposed of.

We have heard Mr. Gupta, learned Senior Advocate, appearing for the appellants. We are of the view that instead of having multiple hearings, we should hear out the appeal. Learned advocates for the parties have no objection to such suggestion. Mr. Gupta, on instructions, says that the stay petition filed in the appeal contains all the papers that were available before the learned Single Judge. The stay petition will be treated as an informal paper book.

Mr. Ayan Banerjee, learned advocate, appearing for the respondents/writ petitioners, says that his clients would like to use a short affidavit to the stay petiton, since certain new points have been taken by the appellants. Let such affidavit be filed within ten days (September 18, 2023). Reply thereto, if any, be filed by September 25, 2023.

Let this matter be listed on September 28, 2023 under the heading "Specially Fixed Matters".

Since we will be hearing out the appeal itself, let no steps be taken by Kolkata Municipal Corporation against the appellants for recovery of any amount on the basis of the judgment and order impugned in this appeal. This interim order shall continue till October 10, 2023 or until further orders, whichever is earlier.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)