The Siliguri Bar Association And ORS v. Utpal Saha And ORS

Dd 65-67 17.11.2023 Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side MAT 158 of 2023 with I.A NO: CAN 1 of 2023 Siliguri Bar Association and Ors.

Vs.

Sri Prasanta Joarder & Ors.

with MAT 157 of 2023 with I.A NO: CAN 1 of 2023 The Siliguri Bar Association Vs.

Sri Pritam Roy & Ors.

with MAT 159 of 2023 with I.A NO: CAN 1 of 2023 The Siliguri Bar Association & Ors.

Vs.

Sri Utpal Saha & Ors.

Mr. Rajat Das, Ms. S. Thapa, Advocates ... ... For the Appellants Mr. M. Sasmal, Advocate ... ... For the Respondents Three appeals are taken up for analogously consideration as they emanate out of one order passed in three writ petitions which was heard analogously by the first Court.

An issue of maintainability was raised in the three writ petitions.

It is the contention of the appellants that the issue of maintainability was not decided.

We find from the impugned order that, the learned first Court refused to pass any interim relief in favour of the writ petitioners and proceeded to give directing for filing affidavits.

We are informed that the appellants did not file affidavits in terms of the directions passed by the impugned order.

For the ends of justice time to file affidavit-inopposition is extended peremptorily. Let affidavit-inopposition be filed two weeks from date. Reply, if any, be filed one week thereafter. Liberty is granted to the parties to apply for early hearing of the writ petition. All points raised in the writ petitions including the point of maintainability are kept open to be decided.

All the appeals along with connected applications are disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)