Judgment:
ORDER
SHEET GA No.280 of 2012 GA No.281 of 2012 GA No.283 of 2012 APOT No.46 of 2012 WP No.1217 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RAJENDRA KUMAR SHARMA & ORS.Versus PRASHANT SHRIVASTAVA & ORS.BEFORE: The Hon'ble JUSTICE PRATAP KUMAR RAY The Hon'ble JUSTICE PRASENJIT MANDAL Date :
22. d February, 2012.
Mr.Bikash Ranjan Bhattacharya, Sr.Adv.Mr.Soumya Majumder, Adv.Mr.Sunny Nandy, Adv.…for the Appellants Mr.L.K.Gupta, Sr.Adv.Mr.Biswaroop Bhattacharya, Adv.Ms.Ashmita Ghosh, Adv.…for respondents/writ petitioners Mr.Aloke Banerjee, Mr.P.K.De, Mr.Debabrata Das, Adversus …for Coal India LTD.The Court : Heard the learned Advocates appearing for the parties.
In this application seeking leave to appeal it is the case of the applicant that he is affected by the judgment under appeal as his seniority issue was not considered by the Learned Trial Judge and that he was not made a party in the Writ Court.
Having regard to such and considering the submissions of the learned Advocates appearing for the respondents, we are of the view that application should be allowed as the applicant is in a party affected by the judgment under appeal.
Leave to appeal accordingly is allowed.
Having regard to the contention made in paragraphs 7 to 12 of the application under Section 5 of the Limitation Act, we are satisfied that sufficient grounds have been made to condone the delay.
Accordingly, delay is condoned.
The application is allowed The appeal is not in order.
The stay application is taken up for hearing.
The Registry is directed to make necessary endorsement.
Let affidavit-in-opposition to the stay application be filed within two weeks from date ; reply thereto, if any, be filed within a week thereafter.
The appeal and the application will be listed for hearing as fixed item along with Appellate Side Matter being M.A.T.No.151 of 2012 four weeks hence.
Since the contesting parties are appearing before us, service of notice of appeal and other formalities stand dispensed with.
Let requisite numbers of informal paper books be filed and copy be served upon all the respondents.
Having regard to the fact that as per direction of the impugned judgment under appeal, a provisional seniority list has already been published, we are of the view that unless an interim stay restraining effect of that is passed, there will be no meaning of hearing of the appeal.
Having regard to such, there will be an interim stay of the impugned judgment under appeal and stay of provisional seniority list for a period of six weeks from date.
All parties concerned are to act on a signed xerox copy of this order on the usual undertakings.
(PRATAP KUMAR RAY, J.) (PRASENJIT MANDAL, J.) TR/