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1979 Supreme(Cal) 52

CHITTATOSH MUKHERJEE, B.C.RAY
Mukund Shah – Appellant
Versus
Golden Polyester Industries (Pvt. ) Ltd. – Respondent


Advocates:
Advocate Appeared:
Harish Jagatiani, Parthasarathi Bose for the appellant;
D. K. Sen, S.S. Roy for respondents No.2, 3 & 4;
Saktinath Mukherjee, R.N. Bajoria, Amiya Narayan Mukherjee for respondent No.1.

JUDGMENT

C. Mookerjee, J.

The appellant, Sri Mukund Shah has filed this appeal under Clause 15 of the Letters Patent against the order dated 7th February, 1979 passed by our learned brother R.N. Pyne J. rejecting his application for adding him as a respondent in Civil Rule No. 57(W) of 1979 obtained by M/s. Golden Polyester Industries Pvt. Ltd., the respondent No.1. herein. The appellant's application for interim orders by, consent of parties has been heard along with this appeal. We also direct, with consent of parties, that the filing of the paper-books be dispensed with and service of notices upon the respondents be waived. The respondent Nos. 1 to 3 continue to be represented by the learned advocates who had appeared for them in the trial court.

2. The learned Single Judge in his order dated 7th February, 1979 did not record his reasons for rejecting the application of the present appellant for adding him as a respondent in the aforesaid Rule. There is some force in the submission of Mr. H. Jagtiani learned advocate for the appellant, that the learned Single Judge ought to have recorded his reasons, however, brief they may be, for not entertaining the appellant's said prayer for




















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