Rdb Textiles Limited vs. West Bengal Housing Infrastructure Development Corporation Ltd

ITEM NO.17 COURT NO.2 SECTION XVI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 5869/2023

(Arising out of impugned final judgment and order dated 03-11-2022 in FMA No. 3664/2015 passed by the High Court At Calcutta)

RDB TEXTILES LIMITED & ANR. Petitioner(s)

VERSUS

WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LTD & ORS. Respondent(s) ( IA No.54195/2023-CONDONATION OF DELAY IN FILING and IA No.54194/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 24-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Dibyadyuti Banerjee, Adv. Ms. Sumedha Halder, Adv. Mr. Umang Gupta, Adv. Mr. Sermon Rawat, Adv.

Mr. Abhijit Sengupta, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

After some arguments, learned counsel cannot dispute that in view of the orders in SLP [C] Nos.1094-1096/2023 - Balaji Enterprises v. West Bengal Housing Infrastructure Development Corporation Ltd. & Ors. against the same impugned order, the matter was dealt with on 23.01.2023. Thus, he seeks to invite the same order.

The said order is extracted below:

"We put to learned counsel for the petitioner as to why the petitioner has assailed the order when the impugned order(s) are in his favour.

The only reason stated for the same is that the HIDCO has now filed a suit in which the petitioner has filed an application under Order VII Rule 11 of the Code of Civil Procedure which issue is pending before the High Court in a revision petition.

It is thus prayed that whichever way the Order VII Rule 11 application fate ends, if the suit has to continue in case of an adverse order, nothing is said in the impugned order should effect the rights and contention of the parties.

We, thus, dispose of the special leave petitions with the aforesaid clarification as that suit will be determined on merits dehors any observation made against the petitioner even though the judgments are in favour of the petitioner.

Pending application(s) stands disposed of."

The present Special Leave Petition is also disposed of in the same terms.

Pending application stands disposed of.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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