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2019 Supreme(Cal) 171

BISWANATH SOMADDER, ARINDAM MUKHERJEE
Anath Bandhu Patar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Ritzu Ghosal, Adv., Saurabh Maitra, Adv., Raja Saha, Adv., Amit Kumar Ghosh, Adv., Srijan Nayak, Adv., D.N. Chatterjee, Adv., Madhusudan Mandal, Adv.

JUDGMENT :

BISWANATH SOMADDER, J.

1. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.

2. The instant appeal arises out of an order dated 13th November, 2018, passed by a learned Single Judge in WP 25642 (W) of 2016 with CAN 7496 of 2018 with WP 21276 (W) of 2016 with WP 18115 (W) of 2016 and WP 16867 (W) of 2017 (Anath Bandhu Patar vs. The State of W.B. & Ors.). By the said order, the learned Single Judge while keeping the writ petition pending for further hearing was pleased to modify an interim order passed earlier, to the extent as stated herein below:-

"Having considered the rival submissions of the parties, this court deems it fit to modify such interim order and directs the newly elected Board to take over charge and functioning of the S.K.U.S. The existing Board and its representatives or Manager shall hand over the charge of the affairs of the Society including the records and documents to the newly elected Board. The newly elected Board shall start functioning and continue to do so in accordance with law."

3. It is admitted position that the election process is over in respect of the concerned









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