JUDGEMENT
PROTIK PRAKASH BANERJEE, J. -
(1.) The Court: 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. The Order dated January
10, 2018 in this matter had been passed on the submissions of the Learned Advocates that only the first page of the application for restoration had to be corrected for which
necessary corrections and amendments had been directed. The Department had brought
to my notice that not just the first page but pages 2 and 3 of the application suffered
from defects and therefore the amendments would not be efficacious unless the said
pages were also allowed to be corrected which could not be done without an order of
Court. 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.) 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.
(3.) Since the matter has not yet appeared before the Division Bench, the practice directions which I had directed should come into force at and from 4 P.M. on
January 24, 2018 have now lost their force since the Division Bench has not been able
to consider their continuance in the form which they had been issued.;
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