Shyamal Sircar and ors. Vs. the State of West Bengal and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1131797
CourtKolkata High Court
Decided OnFeb-11-2014
JudgeDR. SAMBUDDHA CHAKRABARTI
AppellantShyamal Sircar and ors.
RespondentThe State of West Bengal and ors.
Excerpt:
in the high court at calcutta constitutional writ jurisdiction original side present : the hon’ble justice dr. sambuddha chakrabarti february 11, 2014 wp756of 2013 ga320of 2014 ga321of 2014 shyamal sircar & ors.versus the state of west bengal & ors.mr.debayan bera, advocate with mr.s.p.chakrabarti, advocate for the petitioners mrs.smita das dey, advocate for the official liquidator mr.s.k.basu, advocate for the respondent no.4 ms.sucharita roy, advocate for the state the court :- ga320of 2014 is an application seeking to amend the cause title of the writ petition by substituting the original respondent no.3, power corporation of india ltd.as power corporation of india ltd.(in liquidation) as the petitioners had come to know that during the pendency of the present writ petition it had gone into liquidation and official liquidator has already been appointed in respect of the said respondent company. the learned advocate for the respondents as also the learned advocate for the official liquidator have no objection to the prayer made by the petitioner. learned advocate viz., mr.s.k.basu appearing for the respondent no.4 has pointed out that at various places of the petition the respondent no.3’s name has been used and therefore petitioner’s amendment in the cause title only will not serve the purpose. mr.bera accepts the submissions made by mr.basu and prays for an order so that the other relevant portions of the application will also be accordingly amended. since none of the learned advocates appearing for the respondents has any objection i mould the prayer in ga320of 2014. accordingly, i direct the office to effect necessary amendment in terms of the order passed in this application within a period of two weeks from date. in ga321of 2014 the petitioner has prayed for adding the official liquidator attached to the high court at calcutta as a respondent no.6 to the writ petition as the respondent no.3 power corporation of india has gone into liquidation and official liquidator attached to high court has already been appointed. the respondents have no objection and they do not want to file any affidavit to this application. mrs.das dey representing the official liquidator has also no objection the application is allowed. let the official liquidator attached to the high court be added as the respondent no.6 to the writ petition . the office is directed to amend the cause title within a period of two weeks from date both these applications are accordingly disposed of. the petitioner is directed to serve a copy of the amended writ petition upon each of the respondent. let an affidavit in opposition filed by the state respondent and the affidavit in reply to the original writ petition filed by the petitioner thereto be kept on record. mrs.das dey prays for time to file affidavit in opposition to the main writ petition. let such affidavit in opposition be filed within a period of three weeks from date ; reply thereto within one week thereafter and let this matter appear after four weeks. (dr. sambuddha chakrabarti, j.) anc
Judgment:

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Hon’ble Justice Dr.

Sambuddha Chakrabarti February 11, 2014 WP756of 2013 GA320of 2014 GA321of 2014 Shyamal Sircar & ORS.versus The State of West Bengal & ORS.Mr.Debayan Bera, Advocate with Mr.S.P.Chakrabarti, Advocate for the petitioners MRS.Smita Das Dey, Advocate for the Official Liquidator Mr.S.K.Basu, Advocate for the respondent no.4 Ms.Sucharita Roy, Advocate for the State The Court :- GA320of 2014 is an application seeking to amend the cause title of the writ petition by substituting the original respondent no.3, Power Corporation of India LTD.as Power Corporation of India LTD.(In liquidation) as the petitioners had come to know that during the pendency of the present writ petition it had gone into liquidation and Official Liquidator has already been appointed in respect of the said respondent company.

The learned Advocate for the respondents as also the learned Advocate for the Official Liquidator have no objection to the prayer made by the petitioner.

Learned Advocate viz., Mr.S.K.Basu appearing for the respondent no.4 has pointed out that at various places of the petition the respondent no.3’s name has been used and therefore petitioner’s amendment in the cause title only will not serve the purpose.

Mr.Bera accepts the submissions made by Mr.Basu and prays for an order so that the other relevant portions of the application will also be accordingly amended.

Since none of the learned Advocates appearing for the respondents has any objection I mould the prayer in GA320of 2014.

Accordingly, I direct the office to effect necessary amendment in terms of the order passed in this application within a period of two weeks from date.

In GA321of 2014 the petitioner has prayed for adding the Official Liquidator attached to the High Court at Calcutta as a respondent no.6 to the writ petition as the respondent no.3 Power Corporation of India has gone into liquidation and Official Liquidator attached to High Court has already been appointed.

The respondents have no objection and they do not want to file any affidavit to this application.

MRS.Das Dey representing the Official Liquidator has also no objection The application is allowed.

Let the Official Liquidator attached to the High Court be added as the respondent no.6 to the writ petition .

The office is directed to amend the cause title within a period of two weeks from date Both these applications are accordingly disposed of.

The petitioner is directed to serve a copy of the amended writ petition upon each of the respondent.

Let an affidavit in opposition filed by the State respondent and the affidavit in reply to the original writ petition filed by the petitioner thereto be kept on record.

MRS.Das Dey prays for time to file affidavit in opposition to the main writ petition.

Let such affidavit in opposition be filed within a period of three weeks from date ; reply thereto within one week thereafter and let this matter appear after four weeks.

(Dr.

Sambuddha Chakrabarti, J.) ANC