APO No. 14 OF 2011
ACO 175 of 2010
WITH
CP 12 of 1998
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
M/S./A. TALUKDAR & CO. FERTILIZER (P) LTD. & ORS.
Versus
THE OFFICIAL LIQUIDATOR
BEFORE:
The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA
The Hon'ble JUSTICE SYAMAL KANTI CHAKRABARTI
Date : 8th June, 2011.
Mr. Anindya Kr. Mitra,Sr. Adv.
Mr. D. Basak, Adv.
Mr. A.Mitra, Adv.
.......for appellant.
Mr. S.B. Mukherjee, Sr. Adv.
Mr. M.S. Tewari, Adv.
.....for respondent. The Court :- We are under the impression that requisition for drawing
up and completion of the order was given, as it was submitted, on 4.5.2011. It
transpired in the affidavit filed today that it was not so. The requisition was put in
after the order was passed on 4.5.2011. Had we known this fact earlier perhaps we
would not have adjourned this matter. Moreover, there is one more legal difficulty, in
entertaining this matter as no requisition was put in for obtaining certified copy of the
drawn up order. Hence we cannot entertain this application and this application for
2
admitting the appeal is dismissed. However, liberty is given to take fresh action in
accordance with law as may be advised.
It is made clear the time during which the matter was pending may be
excluded for the purpose of limitation, if so occasion arises.
All parties are to act on a photostat signed copy of this order on the usual
undertakings.
(KALYAN JYOTI SENGUPTA, J.)
(SYAMAL KANTI CHAKRABARTI, J.)
GH.