- (1.) AST 147 of 2015 is filed by E.C. Bose & Co. Pvt. Ltd. who was a party to the proceeding before the learned single Judge. MAT 905 of 2015 is filed by the Board of Trustees for the Port of Kolkata. Global Enterprises, the respondent was the writ petitioner before the trial Court against whom the present two appeals are filed. Almost at the completion of the hearing of the arguments, certain queries were made with regard two affidavits filed by one Mr. Biman Mukherjee, one of the partners of M/s Global Enterprises. In response to the said queries, it was submitted that they were certain annexures to be sworn before the learned 1st Class Judicial Magistrate, Sealdah in terms of paragraph 2.1.3.(II) E of the tender documents. There was a challenge to these affidavits on the ground that these affidavits were not submitted within the time as required in the tender document and the subsequent correspondences between the parties. The two affidavits of Biman Mukherjee are dated 20th May, 2015 bearing serial nos. 18394 and 18395 purportedly sworn before the Judicial Magistrate, 1st Class at Sealdah. According to the respondent, Global Enterprises these two affidavits were very much in existence as on the last date of submission of the tender, that is, on 20th May, 2015.
(2.) The third party appellant took exception to these two affidavits by placing on record affidavit sworn in by one Jayanta Bose before the first class Judicial Magistrate, Sealdah dated 11th September, 2015 and it was submitted that if the affidavits dated 11th September, 2015 could bear the serial no. 16099 how the affidavit bearing serial nos. 18394 and 18395 could be sworn earlier on 20th May, 2015.
(3.) In the above circumstances, we directed the learned Registrar, Judicial Service to enquire into the matter and place on record the details on the administration side. Meanwhile the Global Enterprises the first respondent herein filed affidavit intending to withdraw the writ petition itself. In other words, the writ petition was at the instance of the Global Enterprises and was allowed by the trial Court and the same being the subject matter of challenge in the above two appeals was sought to be withdrawn. The affidavit of Biman Mukherjee is also placed on record submitting that he is a victim of circumstances and does not wish to proceed with the litigation. Since the impugned order pertains to the writ petition filed by Global Enterprises, if the writ petition that was allowed to be withdrawn, the entire consequence of allowing the said writ petition becomes infructuous. In the light of the above said circumstances, we permit the first respondent Global Enterprises to withdraw the writ petition and accordingly the appeal filed by E. C. Bose and company, the private respondent deserves to be allowed. Consequently the impugned order cannot be sustained and it is quashed. So far as the appeal filed by the Board of Trust for the Kolkata Port is concerned, they have also filed an affidavit indicating to withdraw the appeal. Since the very foundation of the appeal, namely the writ petition is withdrawn, nothing survives in the matter and the said appeal of Port Trust is permitted to be withdrawn. Be that as it may the fact remains how these two affidavits sworn by Mr. Biman Mukherjee dated 20th May, 2015 bearing serial no. 18394 and serial no. 18395 have come into existence. In pursuance of our direction, the Registrar, Judicial Service has enquired into the matter and after the inspection of relevant register where serial numbers of affidavits are entered has placed on record a detailed report.;