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2008 Supreme(Cal) 782

TAPEN SEN, SADHAN KUMAR GUPTA
Ashok Kumar Gupta – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appearing Parties:A. Malhotra, Arunava Ghosh, Chameli Majumdar, Santanu Das, Somnath Bose, Soumya Majumdar, Subir Pal, Advocates.

Judgment :-

TAPEN SEN, J.

(1) THIS Appeal is directed against the Judgment and order dated 9. 4. 2002 passed by a learned Single Judge of this Court in W. P. No. 11433 (W) of 2001 (Ashok Kr. Gupta and ors. Vs. Union of India and Ors.) whereby and whereunder he was pleased to dismiss the Writ Petition. Let it be recorded that earlier the preliminary objection have been raised in this case by the Respondent Company regarding maintainability of the Appeal in view of cessation of the status of the Respondent company. That point was taken by reason of the fact that the Respondent company (Jessop and Co.) ceased to be a Government Company or an authority within the meaning of Article 12 of the Constitution of India in view privatisation thereof. It appears that this preliminary objection was heard by another Hon"ble division Bench on a number of dates but finally on 11. 5. 2007, that point was decided and it was held that the Appeal is maintainable as when the cause of action had arisen at the time of final hearing of the Writ Petition, the Company was subject to Writ Jurisdiction. After rejecting the said preliminary objection, the said Division Bench directed that the Appeal b























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