IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3298 OF 2001

VICTOR OIL COMPANY PVT. LTD.

Appellant(s)

Versus

E.C. BOSE & COMPANY PVT. LTD.

Respondent(s)

O R D E R

We have heard learned counsel for the parties.

The Special Leave Petition was filed against the judgment and order

dated 10^th July, 2000 passed by the High Court of Calcutta in C.O. No.1013 of

2000 whereby the Calcutta High Court directed the Calcutta Port Trust to be

impleaded as part respondent in the pending suit between the parties. Leave was

granted by this Court and the operation of order of the Calcutta High Court was

stayed. However, the Court directed that the trial may proceed.

Now the trial has already proceeded and almost come to a conclusion.

Now in case this order of the Calcutta High Court is allowed to be made then it

will create a further confusion. If Calcutta Port Trust is made a party then notice

has to be given to it and the written statement will be filed by the Calcutta Port

...2/-

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Trust. Since the trial has almost concluded as was directed by this Court by

Order dated 23^rd April, 2001, no useful purpose will be served now by permitting

the Calcutta Port Trust to be impleaded as party to start a fresh trial.

Accordingly, the interim order passed by this Court on 23^rd April,

2001 staying the operation of the order of the Calcutta High Court is made

absolute.

As the Trial has already begin, the Trial Court is directed to dispose

of the trial expeditiously.

The Civil Appeal is accordingly disposed of.

....................J.

(A.K.MATHUR)

.....................J.

(P. SATHASIVAM)

New Delhi,

July 30, 2008