KALYAN JYOTI SENGUPTA, ARUN KUMAR BHATTACHARYA
Chairman Board of Trustees For The Port of Kolkata – Appellant
Versus
Iftikher Khan – Respondent
(1.) THIS application has arisen in connection with an appeal preferred by the petitioner/appellant from an order dated 11th September, 2006 passed by a learned Single Judge of this Court in CAN No. 6823 of 2006 arising out of W. P. No. 3497 (W) of 2006 for stay of operation of the impugned order. The order impugned was passed on the application filed by the appellant for modification of an earlier order dated 20th February, 2006 passed by the same learned Single judge. By the order impugned the learned Single Judge has passed order slightly modifying earlier order to the extent to direct the respondent No. 8 to furnish an unconditional bank guarantee for a sum of Rs. 30,50,000/- within a period of fortnight from the date of passing of the order. Upon deposit of the said bank guarantee the applicant Board shall allow the petitioner to remove the logs. For the said purpose the Board shall take all steps including demolition of the brick wall, if any, which is standing in the way of removing the logs.
(2.) IN the application for modification the appellant before us asked for an order that the logs in question lying in the plots of land of Kolkata Port Trust shall not be al
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