Ravi Taparia vs The Union Of India & Ors
2024 Latest Caselaw 4947 Cal

Calcutta High Court (Appellete Side)

Ravi Taparia vs The Union Of India & Ors on 24 September, 2024

Author: T.S. Sivagnanam

Bench: T.S. Sivagnanam

Form No. J.(2)
Item No.13


                 IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                          CIVIL APPELLATE JURISDICTION
                                 APPELLATE SIDE

                              HEARD ON: 24.09.2024

                            DELIVERED ON: 24.09.2024
                                     CORAM:
                   THE HON'BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM
                                      AND
                    THE HON'BLE MR. JUSTICE BIVAS PATTANAYAK

                                 M.A.T. 1850 of 2024
                                         With
                                 IA No. CAN 1 of 2024
                                     Ravi Taparia
                                          Vs.
                               The Union of India & Ors.
Appearance:-
Mr. Himangshu Kumar Ray
Mr. Piyas Chowdhury
Mr. Subhasis Podder
Ms. Shiwani Shaw
Mr. Amit Saha
                                                  .....For the Appellant
Mr. T. M. Siddiqui
Mr. T. Chakraborty
Mr. S. Sanyal
                                                  .....For the State
Mr. Prithu Dudhoria
                                                  .....For the Union of India

                                    JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. This intra-Court appeal by the writ petitioner is directed against the order

dated 4th September, 2024 in W.P.A. No.17838 of 2024. By the said order,

the learned writ court relegated the appellant to avail the alternate remedy of

preferring an appeal before the appellate authority. However, the appellant is

aggrieved by the direction to pay a sum of Rs.5,00,000/- as cost to the

respondent authorities.

2. In our view, the order directing the appellant to approach the appellate

authority does not call for interference. However, we are of the view that

instead of directing payment of cost to the respondent of Rs.5,00,000/-, the

appellant shall deposit the said amount before the adjudicating authority and

the said deposit shall be treated as the requisite pre-deposit for entertaining

the appeal by the appellate authority.

3. The appeal shall be presented within a period of six weeks from the date of

receipt of server copy of this judgment and order and the appeal shall be

entertained by the authority and decided on merits, provided the appellant

complies with the above condition of deposit of Rs.5,00,000/- before the

department as pre-deposit.

4. The appellant is directed to comply with the above conditions by effecting

payment through the cash ledger, which will be converted as per law.

5. Accordingly, appeal and the connected application (I.A. No. CAN 1 of 2024)

stand disposed of.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the

parties expeditiously upon compliance of all legal formalities.

(T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(BIVAS PATTANAYAK, J.) Pallab/Krishnendu AR(Ct.)