Patherya, J. - (1.) This appeal has been filed from the order dated 22nd July, 2016 passed by the Civil Judge (Senior Division) 2nd Court, Barasat.
(2.) Respondents arrayed in this appeal are :- 1. Tantia Constructions Limited, DD 30, Sector I, Salt Lake City, Kolkata 700 064, P.S Bidhannagar, District North 24 Parganas, represents and selves; 2. Mr. D.K Rai, Sr. GM, Tantia Constructions Limited, DD 30, Sector I, Salt Lake City, Kolkata 700 064, P.S Bidhannagar, District North 24 Parganas; 3. Mr. S.K Chanda, Project Manager, Tantia Constructions Limited, DD 30, Sector I, Salt Lake City, Kolkata 700 064, P.S Bidhannagar, District North 24 Parganas; 4. The General Manager, Eastern Railway, 17, N.S. Road, Fairlie Place, Kolkata 700 001, P.S Hare Street; 5. The Deputy Engineer No. 3, Construction Division, Eastern Railway, R.M.S Building, Sealdah, Kolkata 700 014, P.S Narkeldanga;
(3.) The respondent nos. 2 and 3 are the Senior General Manager and Project Manager of the respondent no. 1. According to counsel for the respondent no. 1, the respondent nos. 2 and 3 are no longer employed in its organization, namely, the respondent no. 1. Service has been effected on the respondent no. 4 and respondent no. 5 though not served and service is incomplete, it is presumed that the respondent no. 5 has received service as being an agent of the respondent no. 4. Although, we would have wanted service to be effected on the respondent nos. 2 and 3, but counsel for the appellant submits that this risk will be at his peril in this appeal alone and not in any other proceeding. In fact as the respondent no. 1 has already appeared before us through counsel it would not be necessary to even hear the respondent nos. 2 and 3 and it is only for this reason that appearance of the respondent nos. 2 and 3 are dispensed with in F.A.T. No. 240 of 2017 dated 21st April, 2017.;