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2016 DIGILAW 172 (CAL)

Jaya Sarkar v. Tanusree Sarkar

2016-02-16

ASHIS KUMAR CHAKRABORTY

body2016
JUDGMENT : In Re.: C.A.N. 722 of 2016 This application has been filed by the respondent-landlord in the second appeal. In this application a prayer has been made on behalf of the respondent in the appeal to bring the lower courts’ records by Special Messenger and for a direction upon the appellant to serve a copy of the memorandum of appeal filed in the second appeal upon the respondent so that she can file the paper books. On February 04, 2016 when this application was taken up for hearing, it appeared that against the order dated October 07, 2015 passed by this Court, the appellant had filed a Special Leave Petition before the Hon'ble Supreme Court. While disposing of the said Special Leave Petition, by the order dated December 16, 2015, the Hon’ble Supreme Court has requested this Court to hear and dispose of the appeal within three months from that date. Since a copy of the application forwarded to the Advocate-on-Record of the appellant was refused to be accepted by the said Advocate-on-Record on the ground that she has given a change and she is no more appearing for the appellant in the appeal, the said application was taken up for hearing in the absence of the appellant. By the said order dated February 04, 2016, the following directions were passed:- 1) Since Mr. Banerjee is already appearing for the respondent in the appeal, service of notice of appeal on the respondent is waived. 2) Since at this moment none appears on behalf of the appellant, the department is directed to forthwith provide Mr. Arup Banerjee, the learned advocate appearing for the respondent with a copy of the Memorandum of Appeal 3) The learned Registrar (Administration) is requested to forthwith take steps to bring the lower Courts’ records through special messenger at the cost of the respondent in the appeal. 4) The respondent shall deposit special messenger costs for bringing the lower Courts’ record, in the department within February 05, 2016. 5) The learned Registrar (Administration) will also request the learned District Judge, South 24-Parganas at Alipore to ensure that the corrected copy of the decree passed by the learned Trial Judge, together with all the lower Courts’ records, complete in all respect are transmitted to this Court, through special messenger within February 12, 2016. 5) The learned Registrar (Administration) will also request the learned District Judge, South 24-Parganas at Alipore to ensure that the corrected copy of the decree passed by the learned Trial Judge, together with all the lower Courts’ records, complete in all respect are transmitted to this Court, through special messenger within February 12, 2016. 6) The respondent in the appeal shall file the requisite number of paper books, printed typewritten or cyclostyled, as the case may be, within February 12, 2016. 7) The learned Registrar (Administration) is also requested to forthwith serve a copy of this application, together with a copy of this order upon the appellant at her address mentioned in the memorandum of appeal by special messenger. Mr. Jiban Ratan Chatterjee, learned Senior Advocate, appearing for the respondent-applicant submitted that the Department has already provided the learned Advocate-on-Record of the respondent with a copy of the Memorandum of Appeal filed in the second appeal and the respondent has already filed requisite number of paper books in the Department. Further, from the report of the learned Registrar (Administration) of this Court dated February 11, 2016 together with documents disclosed therewith, it appears that the lower Courts’ records relating to this appeal have already reached this Court, the same have been examined and found to be complete. Thus, the appeal has been made ready for hearing. However, a copy of the application and the notice that the hearing of this application was fixed on February 16, 2016, forwarded to the appellant by the Department at her address mentioned in the cause title of the Memorandum of Appeal has been returned to this Court with endorsement “Returned herewith as the person concerned was not present there and the door of the house was locked”. Yesterday when this application was taken up for hearing, none appeared on behalf of the appellant and, as such, hearing of this application was adjourned till today. Even today, when the application is taken up for hearing in the second call, none appeared on behalf of the appellant. Although, the erstwhile advocate-on-Record of the appellant has stated that she has given a change and she is no more appearing in the appeal, but from the records it does not appear that any new advocate has filed his/her Vokalatnama to represent the appellant. Even Mr. Although, the erstwhile advocate-on-Record of the appellant has stated that she has given a change and she is no more appearing in the appeal, but from the records it does not appear that any new advocate has filed his/her Vokalatnama to represent the appellant. Even Mr. Chatterjee appearing for the respondent submitted that the Advocate-on-Record of the respondent has not received any communication from any new advocate to represent the appellant. In these circumstances, particularly in view of the fact that as per request of the Hon’ble Supreme Court this appeal is required to be decided within three months from December 16, 2015, the learned Registrar (Administration) is once again requested to send a notice to the appellant at her address mentioned in the cause title of the Memorandum of Appeal by way of special messenger, at the cost of the respondent, that the appeal will appear in the list under the heading “To Be Mentioned” on February 22, 2016 for fixation a date of hearing of the second appeal. The respondent is directed to deposit the special messenger cost in the department by tomorrow, that is February 17, 2016. Let the appeal appear under the heading “To Be Mentioned” on February 22, 2016 for fixation of the date of hearing of the appeal. With the above directions, the application, being C.A.N. 722 of 2016, stands disposed of. There shall, however, be no order as to costs.