State Of West Bengal vs Vikash Trading
2025 Latest Caselaw 1976 Cal/2

Calcutta High Court

State Of West Bengal vs Vikash Trading on 25 June, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD- 11
                       IN THE HIGH COURT AT CALCUTTA
                          Civil Appellate Jurisdiction
                                  ORIGINAL SIDE

                                 APDT/30/1997

                            STATE OF WEST BENGAL
                                     VS
                               VIKASH TRADING

  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                      AND
  The Hon'ble JUSTICE OM NARAYAN RAI
  Date : June 25, 2025.


                                                                         Appearance:
                                                              Mr. Dhrubo Ghosh, Sr. Adv.
                                                               Mr. Arindam Mondal, Adv.
                                                              Ms. Nilanjana Adhya, Adv.
                                                                 Mr. Paritosh Sinha, Adv.
                                                               Ms. Swagata Ghosh, Adv.
                                                               ...for the State/appellant.


                            Dictated by Arijit Banerjee, J.

The Court: This appeal is directed against a judgment and decree dated

June 3, 1996 passed by a learned Judge of our Court in Suit No. 551 of 1987

(M/s. Vikash Trading Co. Vs. Union of India and Ors.) whereby the suit was

decreed against the State of West Bengal (the appellant herein) for a sum of

Rs.2,93,600/- along with interest thereon at the rate of 18% per annum until

payment.

Pursuant to an order dated March 23, 2015 passed in this appeal by a

Co-ordinate Bench, substituted service was effected on the respondent by way

of newspaper publication in view of the fact that the postal service that was

attempted had failed and the envelop was returned with the remark "Addressee

left the address".

We see that 10 years have elapsed since that substituted service was

effected. It would be proper to serve a fresh notice on the respondent.

Let such notice be served by paper publication in a local newspaper

having good circulation in the locality where the respondent carried on

business as per his last known address. The publication should only mention

the appeal number, short cause title and that the matter will be listed before

this Court once again six weeks hence (August 6, 2025).

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

KB AR (CR)