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2018 Supreme(Cal) 112

DEBI PROSAD DEY
In the matter of: Samir Jain – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Sekhar Basu, Sandipan Ganguly, P.K. Jhunjhunwala, Alpona Chaudhuri, Kaushik Gupta, A. Tarafdar, Ratnesh Rai, A. Basu, Deepak Khosla, Falema Nisa, S.G. Mukherjee, Ayan Basu.

JUDGMENT :

1. It appears from the order dated 2nd December, 2016 that learned Judge directed that CRR No. 3999 of 2015, CRR No. 4000 of 2015, CRR No. 3816 of 2015, CRR No. 4001 of 2015 and CRR No. 3817 of 2015 to list along with this CRR two weeks after Christmas vacation. However, at the time of taking up CRAN No. 5506 of 2017 objection was raised on behalf of the opposite party no. 2 on the ground that the cause of action has already been shifted to Delhi and accordingly the opposite party no. 2 may be given the requisite liberty to take appropriate action in Delhi and to dispose of the CRR under reference being no. 808 of 2016. Pursuant to the order dated 9th of January, 2018 CRR No. 808 of 2016 has been fixed for hearing on 18th of January, 2018. However, that order was passed without looking into the order passed by this Court on 2nd of December, 2016. Learned Advocate appearing on behalf of the petitioner in CRR No. 4002 of 2015 submitted that he had no knowledge about the hearing of CRR No. 4002 of 2015 on 18th January, 2018 and accordingly the hearing of the said CRR should be deferred. At this stage learned Advocate appearing on behalf of opposite party no. 2 raised prelimi












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