The State v. Rabindra Nath Bhattacharya Since Deceased Soumya Bhattacharya
16.05.2024 S/L. No. 15 to 20 Court No. 3 Sourav/ Suvayan FA 14 of 1999 Ramendra Chowdhury Vs.
State of West Bengal Mr. Debashis Kundu, Sr. Adv.
Mr. Saumyen Datta Mr. Rajendra Nath Barik ...for the appellant.
With FA 15 of 1999 With CAN 7 of 2024 With CAN 8 of 2024 Shri Rabindra Nath Bhattacharjee Vs.
State of West Bengal Mr. Debashis Kundu, Sr. Adv.
Mr. Saumyen Datta Mr. Rajendra Nath Barik ...for the appellant.
With FA 51 of 2001 With CAN 4 of 2024 With CAN 5 of 2024 State of West Bengal & Ors.
Vs.
Shri Rabindra Nath Bhattacharjee & Anr.
Mr. Debashis Kundu, Sr. Adv.
Mr. Saumyen Datta Mr. Rajendra Nath Barik ...for the respondent.
With FA 53 of 2001 With CAN 3 of 2024 With
CAN 4 of 2024 State of West Bengal Vs.
Shri Rabindra Nath Bhattacharya Mr. Debashis Kundu, Sr. Adv.
Mr. Saumyen Datta Mr. Rajendra Nath Barik ...for the respondent.
With FA 54 of 2001 The State of West Bengal Vs.
Shri Ramendra Nath Chowdhury Mr. Debashis Kundu, Sr. Adv.
Mr. Saumyen Datta Mr. Rajendra Nath Barik ...for the respondent.
With FAT 1917 of 1999 State of West Bengal Vs.
Shri Ramendra Nath Chowdhury Mr. Debashis Kundu, Sr. Adv.
Mr. Saumyen Datta Mr. Rajendra Nath Barik ...for the respondent.
In Re: CAN 7 of 2024 and CAN 8 of 2024 in FA 15 of 1999 1.
By filing the interlocutory application being CAN 7 of 2024, the appellant/petitioner has prayed for deletion of the name of one of the appellants, who died on 07.07.2023 leaving behind Sri.
Soumya Bhattacharya as her legal representative who is already on record.
2.
Such being the position, department is hereby directed to delete the name of deceased Smt.
Tandra Bhattacharya from the cause title of the memo of appeal.
3.
Accordingly, the interim application being CAN 7 4.
By filing the interim application being CAN 8 of 2024, a prayer has been made seeking condonation of delay in filing the interim application being CAN 7 of 2024.
5.
Since, CAN 7 of 2024 has been disposed of by directing the department to delete the name of one the appellants, Bhattacharya, in our considered view, the interim application being CAN 8 of 2024 has become practically infructuous.
6.
Accordingly, the interim application being CAN 8 In Re: CAN 4 of 2024 and CAN 5 of 2024 in FA 51 of 2001 1.
By filing the interim application being CAN 4 of 2024, legal representative the deceased/respondent no. 1, Shri Rabindra Nath Bhattcharjee has come forward to substitute his name in place of the deceased/respondent no. 1 since, during the pendency of the appeal being FA 51 of 2001, the said Shri Rabindra Nath Bhattcharjee died on January 27, 2009 leaving
behind (since deceased) as his widow and Sri Soumya Bhattacharya as his son.
2.
It has been stated further that in the meantime the said Tandra Bhattacharya also died on 07.07.2023. Accordingly, it has been prayed that the name of the deceased/respondent no. 1 be deleted and in his place the name of the present respondent, namely, Sri Soumya Bhattacharya particulars whom has been given in paragraph 12 of the interim application being CAN 4 of 2024 be substituted.
3.
Accordingly, the interim application being CAN 4 4.
By filing another interlocutory application being CAN 5 of 2024, a prayer has been made for condonation of delay of 5598 days in filing the substitution application after setting aside the abatement.
5.
Heard learned counsel for the respondent.
6.
Perused both the applications and the connected appeal being FA 15 of 1999 where substitutions have taken place in time.
7.
The delay in filing the substitution application is hereby condoned and accordingly, the interim application being CAN 5 of 2024 is disposed of. 8.
In view of the aforementioned order, department is directed to delete the name of the respondent
no. 1, Shri Rabindra Nath Bhattacharjee from the cause title of the memo of appeal and in its place, the name and particulars of Sri Soumya Bhattacharya as mentioned in paragraph 12 of the interim application being CAN 4 of 2024 be incorporated.
In Re: CAN 3 of 2024 and CAN 4 of 2024 in FA 53 of 2001 9.
By filing the interim application being CAN 3 of 2024, legal representative the sole respondent, Shri Rabindra Nath Bhattcharjee has come forward to substitute his name in place of the sole respondent since, during the pendency of the appeal being FA 53 of 2001, the said Shri Rabindra Nath Bhattcharjee died on January 27, 2009 leaving behind Smt. Tandra Bhattacharya (since deceased) as his widow and Sri Soumya Bhattacharya as his son.
10.
It has been stated further that in the meantime the said Tandra Bhattacharya also died on 07.07.2023. Accordingly, it has been prayed that the name of the sole respondent be deleted and in his place the name of the present respondent, namely, Sri Soumya Bhattacharya particulars of whom has been given in paragraph 12 of the interim application being CAN 3 of 2024 be substituted.
11.
Accordingly, the interim application being CAN 3 12.
By filing another interlocutory application being CAN 4 of 2024, a prayer has been made for condonation of delay of 5598 days in filing the substitution application after setting aside the abatement.
13.
Heard learned counsel for the respondent.
14.
Perused both the applications and the connected appeal being FA 15 of 1999 where substitutions have been taken place in time.
15.
The delay in filing the substitution application is hereby condoned and accordingly, the interim application being CAN 4 of 2024 is disposed of. 16.
In view of the aforementioned order, department is directed to delete the name of the sole respondent, Shri Rabindra Nath Bhattacharjee from the cause title of the memo of appeal and in its place, the name and particulars of Sri Soumya as mentioned in paragraph 12 of the interim application being CAN 3 of 2024 be incorporated.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)