Calcutta High CourtCO/3112/2014dismissed

M/S Texmaco Ltd v. State Of West Bengal & ORS

2023-07-27Hon'Ble Justice Bibhas Ranjan De2 pages

21.03.2025 SL No.372 Court No.22 S.Gayen CO 3112 of 2014 with CAN 1 of 2024 and CAN 2 of 2024 M/s. Texmaco Ltd.

Versus

State of West Bengal & Ors.

Mr. Indranath Mukherjee Mr. Avijit Saha ...for the Petitioner Mr. Sagarmay Ghosh ...for the Opposite Party In Re: CAN 1 of 2024 and CAN 2 of 2024

1. The learned counsel by referring to the application being CAN 1 of 2024 prays for recalling the order dated 27th July, 2023 passed in connection with CO 3112 of 2014 on the ground of misreporting with respect to satisfaction of all dues.

2. Another application being CAN 2 of 2024 under Section 5 of the Limitation Act is made with a prayer for condoning the delay in filing the application for recalling the order dated 27th July, 2023 passed in connection with CO 3112 of 2014.

3. Learned counsel appearing on behalf of the petitioner has submitted that the learned advocate-on-record, appearing on behalf of the petitioner in CO 3112 of 2014 on 27th July, 2023 submitted before the Court that the petitioner has received all dues.

4. In view of the order passed by a Bench consisting of two Hon'ble Judges in Original Jurisdiction in connection with FA 65 of 2014, the order of compensation passed by the L.A. Judge, Additional District Judge, 3rd Court, Barasat was modified by revaluing the cost of land per katha and thereby the award has been enhanced.

5. Learned advocate-on-record on behalf of the petitioner submitted wrong information to the Coordinate Bench in connection with CO 3112 of 2014 on 27th July, 2023 and accordingly, the revisional application was disposed of.

6. Considering all facts and circumstances, petitioner is directed to serve notice along with a copy of the applications upon all the opposite parties through speed post with A/D and to file affidavit of service on the returnable date.

7. Liberty is also given to the petitioner to file supplementary affidavit.

8. Let the matter appear in the monthly list of May, 2025.

9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)