Pragati Overseas Agency & ORS v. Union Of India & ORS

OD-13 ORDER SHEET WPO/642/2018

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE PRAGATI OVERSEAS AGENCY & ORS VS UNION OF INDIA & ORS

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 22nd August, 2022 Appearance:

Mr. Pranit Bag, Adv.

Mr. Saunavo Basu, Adv.

...for the petitioners Mr. K.K. Maiti, Adv.

...for the respondents The Court: Mr. Pranit Bag, Counsel appearing on behalf of the petitioners, submits that during the course of hearing, supplementary affidavit has been filed by Mr. K.K. Maiti, Counsel appearing on behalf of the respondents that indicates that orders were passed in the show-cause notices that were issued against the petitioners. Mr. Bag submits that these orders were not in the knowledge of his client and accordingly appeals were not filed by Mr. Bag's client. He further submits that liberty may be granted to withdraw this writ petition with liberty to file afresh taking into

consideration all other material facts that may have arisen subsequent to passing of the order of rejection of renewal (impugned order). In light of the submissions made on behalf of Counsel appearing on behalf of the parties, this writ petition is dismissed as withdrawn with liberty to file afresh in accordance with law. I make it clear that the petitioners shall be at liberty to challenge the orders passed in the show-cause notices before the Tribunal concerned in accordance with law. I further make it clear that I have not gone into the point of limitation with regard to the appeals to be filed by the petitioners, if any, before the Tribunal. With the above observations, the writ petition is disposed of. (SHEKHAR B. SARAF, J.) R.Bhar