Kshitish Ch. Sarkar v. Tripura Small Industries Co. Ltd. And ANR

THE HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) NO.31 of 2010 Sri Kshitish Chandra Sarkar, Son of Late Kumud Bandhu Sarkar, Resident of Kunjaban Colony, P.S. East Agartala, District - West Tripura.

............... Petitioner.

- Vs -

1. Tripura Small Industries Corporation Limited, (A Govt. of Tripura Undertaking), Represented by the managing Director, Agartala.

2. The Managing Director, Tripura Small Industries Corporation Limited (A Govt. of Tripura Undertaking), Agartala.

................... Respondents.

BEFORE

HON'BLE THE CHIEF JUSTICE MR. DEEPAK GUPTA HON'BLE MR. JUSTICE S C DAS For the petitioner : Mr. D Bhattacharji, Advocate, Mr. S Das, Advocate.

For the respondents : Mr. S Saha, Advocate. Date of hearing and delivery of judgment : 10.03.2015.

Whether fit for reporting : No.

JUDGMENT & ORDER (ORAL) ( Deepak Gupta,CJ ) This petition was admitted on 10th May, 2010. It came up for hearing for the first time on 11th June, 2014 when at the request of Mr. S Saha 2(two) weeks further time was granted to file WP(C) 31 of 2010 Page 1 of 3

counter-affidavit. Thereafter, on 9th July, 2014 Mr. D Bhattacharji, learned counsel for the petitioner, prayed for 4(four) weeks time to file rejoinder. On 10th September, 2014 Mr. D Bhattacharji again prayed for 4(four) weeks time to file rejoinder. On 10th December, 2014 Mr. D Bhattacharji was not present but Mr. S Chakraborty appeared on his behalf and we had noted the previous orders passed but by way of last opportunity one further date of 4(weeks) was granted to file rejoinder subject to payment of Rs.2,000/- as costs.

2.

When the matter was listed before us on 28th January, 2015 it was pointed out to us that Mr. D Bhattacharji, had suffered some burn injuries. Therefore, despite the fact that we had given a last opportunity and despite the fact that the costs had not been paid we had not passed an adverse order but had ordered that the case be listed on 4th March, 2015. On 4th March, 2015 also none appeared for the petitioner and the matter was ordered to be listed for today.

3.

When the case was called out for the first time Mr. S Das had appeared and requested that some date may be granted. When we stated that no date can be granted then Mr. D Bhattacharji condescended to appear before this Court and he has again made a request for adjournment.

WP(C) 31 of 2010 Page 2 of 3

4.

In the background given herein above we cannot give him any further date. Costs have also not been paid. Therefore, the writ petition is dismissed.

JUDGE CHIEF JUSTICE WP(C) 31 of 2010 Page 3 of 3