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2011 Supreme(Cal) 1308

SANJIB BANERJEE
Mrigan Maity – Appellant
Versus
Daridra Bandhab Bhandar – Respondent


Advocates Appeared:
For the Appearing Parties:Jayanta Mitra, Jiban Ratan Chatterjee, Sr Adv, Anindya Kumar Mitra, Advocate General, Supriyo Bose, Anup Kumar Mukhopadhyay, Paritosh Sinha, Ranjan Bachawat, Rajarshi Dutta, Sudarsan Roy, R2, Indrajit Sarkar, A.N. Ganguly, Sukumar Bhattacharyya, Dipendra Nath Chunder, Joy Saha, Advocates.

Judgment :

SANJIB BANERJEE, J.

Several years after the horse has bolted, the state government appeals to the inherent sense of justice of the court by wielding the parens pateriae doctrine to both chase the horse back into the stable and bolt the door. The primary application, GA No. 3637 of 2010, is the one carried under Section 151 of the Code of Civil Procedure, 1908 by the State for recalling orders dated October 8, 2004 and December 23, 2004 by which the suit stood disposed of. GA No. 3490 of 2007 is a previous application by the State seeking leave to take over the assets and liabilities of the seven hospitals that belong to the first defendant. GA No. 643 of 2011 is by the added defendant seeking a clarification of the recent orders made on the State’s principal application and, in effect, seeking to continue in management of the hospitals as permitted by the orders passed in the year 2004. GA No. 2766 of 2011 is by a person claiming to be an erstwhile employee of one of the hospitals and a member of the first defendant society.

As is almost inevitable in a matter of the present nature, a question of the locus standi of the state government to maintain its prayers has been r


























































































































































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