Vs. the Board of Trustees for the Port of Kolkata and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1059593
CourtKolkata High Court
Decided OnFeb-22-2012
JudgeSOUMITRA PAL
RespondentThe Board of Trustees for the Port of Kolkata and ors
Excerpt:
order sheet w.p.no.98 of 2012 in the high court at calcutta constitutional writ jurisdiction original side m/s.fair deal supplies ltd plaintiff/petitioner/applicant versus the board of trustees for the port of kolkata & ors …………………………………………………………….defendant/respondent for plaintiff/petitioner : mr.l.c.bihani,sr.advocate, ms.noelle banerjee,advocate, mr.d.dey,advocate. for defendant/respondent : mr.s.talukder,sr.advocate, mr.s.ghosh,advocate. before: the hon'ble justice soumitra pal date :22. d february, 2012. the court : affidavit of service filed in court today be kept on record. this writ petition has been filed challenging the intimation dated 29th december, 2011 issued by the manager (administration).haldia dock complex, kolkata port trust, the respondent no.4, on the ground that though by an order dated 22nd december, 2010 direction was issued to communicate the decision to the petitioner it has not been done as evident from the impugned intimation. mr.talukder, learned senior advocate for the kolkata port trust submits that since it is evident from the intimation dated 29th december, 2011 that decision has been communicated, therefore, the order under challenge is just and proper. having heard the parties and considering the facts and circumstances of the case, the writ petition is disposed of by directing the deputy chairman, board of trustees for the kolkata port trust, haldia dock complex, purba medinipur, respondent no.3 to furnish a copy of the order passed by him to the petitioner within a week from date from the date of communication of this order. i make it clear that i have not into the merits with regard to other points raised in this writ petition. since the writ petition is disposed of at the stage of admission without calling upon the respondents to file affidavits controverting the allegations, allegations made in the writ petition are deemed not to have been admitted by them. no order as to costs. urgent photostat certified copy of this order, if applied for, be given to the appearing parties on priority basis. (soumitra pal, j.) ssaha ar(cr)
Judgment:

ORDER

SHEET W.P.No.98 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.FAIR DEAL SUPPLIES LTD Plaintiff/Petitioner/Applicant Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS …………………………………………………………….Defendant/Respondent For Plaintiff/Petitioner : MR.L.C.BIHANI,SR.ADVOCATE, MS.NOELLE BANERJEE,ADVOCATE, MR.D.DEY,ADVOCATE.

For Defendant/Respondent : MR.S.TALUKDER,SR.ADVOCATE, MR.S.GHOSH,ADVOCATE.

BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date :

22. d February, 2012.

The Court : Affidavit of service filed in Court today be kept on record.

This writ petition has been filed challenging the intimation dated 29th December, 2011 issued by the Manager (Administration).Haldia Dock Complex, Kolkata Port Trust, the respondent no.4, on the ground that though by an order dated 22nd December, 2010 direction was issued to communicate the decision to the petitioner it has not been done as evident from the impugned intimation.

Mr.Talukder, learned senior advocate for the Kolkata Port Trust submits that since it is evident from the intimation dated 29th December, 2011 that decision has been communicated, therefore, the order under challenge is just and proper.

Having heard the parties and considering the facts and circumstances of the case, the writ petition is disposed of by directing the Deputy Chairman, Board of Trustees for the Kolkata Port Trust, Haldia Dock Complex, Purba Medinipur, respondent no.3 to furnish a copy of the order passed by him to the petitioner within a week from date from the date of communication of this order.

I make it clear that I have not into the merits with regard to other points raised in this writ petition.

Since the writ petition is disposed of at the stage of admission without calling upon the respondents to file affidavits controverting the allegations, allegations made in the writ petition are deemed not to have been admitted by them.

No order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the appearing parties on priority basis.

(SOUMITRA PAL, J.) ssaha AR(CR)