Date : 2nd March, 2015.
Appearance:
Mr. Pradip Dutta Sr. Adv.
Mr. Dhiraj Trivedi, Adv.
Mr. Dhruba Ghosh, Adv.
Mr. A. banerjee, Adv.
The Court: This is an application under Section 13 of the letter's patent. It
appears that the judgment passed by the Hon'ble Justice Jyotirmay Bhattacharya in CO
No.3938 of 2004 was upheld by the Hon'ble Supreme Court in Civil Appeal No.4808 of
2013. In terms of the order dated 11th April, 2005 the learned District Judge Jalpaiguri
was directed to return the said application for setting aside the award to the applicant
herein for filing the same in its Ordinary Original Civil Jurisdiction. In an application
filed for review of the order passed by the Hon'ble Supreme Court it appears that an
order was passed in IA No.7 of 2014 dated 27th January, 2015 directing the applicant
State to move an application before the Calcutta High Court. In my view, this is not a
bench whether such application can be filed. There is already an existing order directing
the State to re-file the application for setting aside of the award before this Court in its
Ordinary Original Civil Jurisdiction. In the present determination I have no jurisdiction
to decide any application for setting aside of the award, accordingly, this application
stands dismissed. This order shall not prevent the petitioner to take appropriate steps
in accordance with law.
Urgent certified website copies of this order, if applied for, be urgently supplied to
the parties subject to compliance with all requisite formalities.
(SOUMEN SEN, J.)
sp/