National Jute Board v. Auckland International Limited And ANR

Od 1

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APOT/406/2024 IA NO: GA/1/2024, GA/2/2024 NATIONAL JUTE BOARD VS AUCKLAND INTERNATIONAL LIMITED AND ANR.

BEFORE :

THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM -A N DHON'BLE JUSTICE HIRANMAY BHATTACHARYYA DATE : January 22, 2025.

Appearance :

Mr. S.P. Chattopadhyay, Adv.

Mr. Rahul Karmakar, Adv.

..for appellant Mr. Pradip Kumar Sarawgi, Adv.

...for respondent The Court: - We have heard the learned Counsel for either sides. It appears that there is a delay of 221 days in filing the appeal. We have perused the affidavit annexed in support of the delay condone application and found that the explanations offered are satisfactory. Hence, the delay is condoned and the application for condonation of delay stands allowed. This intra-Court appeal filed by the respondent in WPO/132/2024 is directed against the order dated 4.4.2024 by which the writ petition was allowed and the appellant was directed to disburse the sums due under the scheme in question to the writ petitioners at the earliest, possibly within a month from the date of the order. The learned Advocate appearing for the appellant, National Jute Board on instruction from his client submitted that the appellant is ready and willing to comply with the order, but they have

addressed the Ministry for sanction of certain funds and the matter is under process and since the funds are sanctioned the amount will be settled in terms of the direction issued by the learned Single Bench. In the light of the stand taken by the appellant we dispose of the appeal by directing the appellant board to disburse the amount payable to the writ petition under the scheme in question within a period of three months from the date of issuance of server copy of this order, and the same is received by the appellant.

However, the appellant will address the Ministry by way of another communication enclosing a copy of this order and request the ministry to comply with the request at the earliest so that the direction issued by this Court can be complied with within the time fixed. Accordingly, the appeal stands disposed of.

Consequently, the applications also stand closed. .

(T.S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.) pkd/GH.