Howrah Mills Co. Ltd. And ANR. v. The Trustees For The Port Of Calcutta And ORS.

Form No. J.(2) Item No35

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE HEARD ON: 21.05.2024 DELIVERED ON:21.05.2024

CORAM:

THE HON'BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA M.A.T. 811 of 2021 Howrah Mills Co. Ltd. & Anr.

Vs.

The Trustees for the Port of Calcutta & Ors.

JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. This intra-Court appeal is directed against the order dated 12th March, 2021 in W.P.A. 13174 of 1984. The writ petition was disposed of and the notice, which was impugned in the writ petition was set aside. The interim order was vacated and all points were left open to be decided by the Estate Officer in the proposed proceedings to be initiated by the KOPT.

2. By efflux of time, nothing would survive in this appeal.

3. With these above observations, appeal stands dismissed.

4. However, this order will not prejudice the rights of the parties in any collateral proceedings that may be pending.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(HIRANMAY BHATTACHARYYA, J.) S. Banerjee/KS AR(Ct.)