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2023 Supreme(Cal) 676

SUBRATA TALUKDAR, SUPRATIM BHATTACHARYA
Tarun Kumar Srivastava – Appellant
Versus
Coal India Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ms. Ashmita Chakraborty, Mr. Chhandak Dutta
For the Respondents: Mr. Shiv Shankar Banerjee, Ms. Sanchita Barman Roy, Mr. Selim Malik

JUDGMENT :

Supratim Bhattacharya, J.

1. This instant appeal has been preferred against the Order passed by the Hon’ble Single Bench on the 8th day of June, 2022 in writ petition being W.P.A. 7106 of 2022, wherein the Hon’ble Single Bench has stated as follows:-

    “...

After hearing the parties and considering the materials on record, I find that there is no scope of passing any interim order. The matter requires to be heard after affording the respondents an opportunity to put forth their stand on affidavit.

Let affidavit in opposition be filed within a period of six weeks from date. Reply, if any, thereto be filed by two weeks thereafter. ... ”.

2. Being aggrieved by the said order through which no interim order was passed, the appellant/ writ petitioner has preferred this instant appeal. Though no effective order has been passed through the impugned order but it is apparent from the face of the order that the Hon’ble Single Bench has stated categorically that there is no scope of passing any interim order as such there is denial of interim order which according to the appellant affects his legally enforceable right. Accordingly, this Court has the jurisdiction to hear the instant appeal

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