PROTIK PRAKASH BANERJEE,J. - (1.) This was a matter which was listed as 'To Be Mentioned' before me on January 25, 2018. It had been listed before me for correction of an order dated January 10, 2018 and extension of time. The order dated January 10, 2018 had been passed a Division Bench of this Court, of which I am a part. Though the Order dated January 10, 2018 had been partially complied with, difficulties had arisen which could only be corrected by an Order of Court. The Department had brought it to my notice. Even though the Order dated January 10, 2018 had been passed by the said Division Bench, I had consciously directed it to be listed before myself sitting singly, as a Judge sitting in the Original Side, because time had expired with January 24, 2018, to effect the amendments and on that date the Division Bench, which was passed the order was not available. Though this course of action was permissible under Chapter XXXI Rule 29 of the Rules of the High Court, 1914, I had considered it proper to indicate the proposed order and direct that it be listed before the Division Bench for passing the orders on January 31, 2018, instead of passing the order myself, for the reasons mentioned in my Order dated January 25, 2018. One of the reasons which had prompted me to do so was that the Division Bench would be available physically from January 29, 2018 and it took up matters on the Original Side on every Wednesday and January 31, 2018 was the first available Wednesday. However, the matter has not appeared before the Hon'ble Division Bench today.
(2.) The matter had been brought before the Court because certain formal defects remained in the cause title of the memorandum of appeal, stay application and cause papers including the Vakalatnama and time to effect the amendment had expired on January 24, 2018.
(3.) In the second part of the order dated January 25, 2018 I had issued certain directions declaring practice of this Court within the meaning of Rule 3 of Chapter XIV of the High Court Rules, 1914. They had been expressed to be subject to modification and/or confirmation of the Hon'ble Division Bench. Such modification and/or confirmation had been envisaged to be done today by the Division Bench at the time when the matter appeared before it.;