PARIWAR DEVELOPERS & TRADERS PVT. LTD. & ORS. Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2008-9-89
HIGH COURT OF CALCUTTA
Decided on September 12,2008

Pariwar Developers And Traders Pvt. Ltd. And Ors. Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Maharaj Sinha, J. - (1.) On 17 July, 2008, after hearing the learned Counsel for the respective parties/ namely the writ petitioners and the respondents the writ petition was fixed for hearing on 24 July, 2008 as a specially fixed matter. On that date, on the basis of my prima facie satisfaction, wholly without prejudice to the rights and contentions of the parties to the proceedings an ad interim order was made directing the parties to the proceedings to maintain their respective places in respect of land in question and it was further ordered that there would be no declaration of award fora limited period, namely till 25 July, 2008.
(2.) On 25 July, 2008, after hearing the submissions of the learned Counsel for the parties the above ad interim order was extended till 4 August 2008. The parties were also given the liberty to seek extension of the ad interim order as well as for vacating or modification of the same upon notice to the concerned parties. While making this order the point of maintainability of the writ petition as raised on behalf of CESC Limited was kept open so also its contention that the writ petition was liable to be dismissed on the ground of suppression of material facts.
(3.) On 1 August, 2008, Justice Debasish Kar Gupta was pleased to extend the said ad interim order "till 22 August, 2008 or until further orders whichever was earlier'. For the sake of convenience the reasons given by the Hon'ble Judge for extension of the ad interim order is set out below : "Having heard the learned Counsel appearing for the parties and after considering the materials on records find that no material is brought on record on behalf of the respondents for taking into consideration the relevant facts to adjudicate the issue involved in this matter. In view of the above, the interim order is extended till 22 August, 2008 or until further orders, whichever will be earlier. Let this matter appear before the Regular Bench on 18 August, 2008".;


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