Kunal Saha vs. State Of West Bengal

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). 21570/2015

(Arising out of impugned final judgment and order dated 24/07/2015 in MAT No. 916/2015 passed by the High Court Of Calcutta)

KUNAL SAHA Petitioner(s)

VERSUS

STATE OF WEST BENGAL AND ANR Respondent(s)

(with appln. (s) for exemption from filing c/c of the impugned judgment)

Date : 31/07/2015 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN

For Petitioner(s)

Mr. M.N. Krishnamani, Sr.Adv. Mr. T. V. George,Adv. Mr. Satyalipsn Ray,Adv. Mr. Rakesh Taneja, Adv.

For Respondent(s)

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

The petitioner has moved this Court against the Order dated 24.7.2015 passed by a Bench of Calcutta High Court in M.A.T. No. 916 of 2015, which reads as under :-

"The appellant has filed an affidavit of service which shall be kept on the record.

Digitally signed by Sukhbir Paul Kaur Date: 2015.08.01 12:38:00 IST Reason: Signature Not Verified

None appeared for the respondents. We understand that the learned advocates are observing a boycott of this Court which is or which may be an excuse why none appeared on behalf of the respondents. Therefore, in fairness, it is not possible for us to take up the matter ex-parte.

Dr. Saha, the appellant appearing in person, submitted that he came all the way from the USA to argue the matter, and that it is difficult for him to continue to stay in this country for an indefinite period. He, therefore, insisted upon fixing a date for hearing.

We do realise his agony, but we are unable to help him, because we do not know when the boycott is likely to be lifted. In that view of the matter, hearing of the appeal is adjourned until next Friday.

In the meantime, it will be open to the appellant to prepare the paper book, since he prayed for leave to do so. Such preparation of paper book is naturally subject to the result of the application for condonation of delay."

Mr. M.N. Krishnamani, learned senior counsel appearing for the petitioner submits that in the facts and circumstances of the case, the appeal is to be heard by any other Bench. We appreciate the submission of Mr. Krishnamani and therefore, request the Chief Justice of the Calcutta High Court to see that the appeal could be heard and decided by any other Bench of that Court.

The petitioner is given liberty to inform the Chief Justice of the Calcutta High Court by mentioning the matter.

This special leave petition is, accordingly, disposed of with the above observation.

[INDU POKHRIYAL] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.

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