DIPANKAR DATTA,J. - (1.) While considering C.A.N. 8994 of 2019 (being an application for stay) filed in M.A.T. 1294 of 2019 on December 06, 2019, we were informed by the learned advocate for the appellant-applicant that he intended to file an application for recording of subsequent events, affirmed on December 06, 2019, on that day itself but the same was not accepted by the department on the ground that service of such application had not been effected on the respondents in such appeal. We had called for the Section Officer and inquired from him the reason for not accepting the application for being numbered.
(2.) The Section Officer placed before us a notice issued by the Registrar (Administration) contained in Memo No. 272R (Admn.) dated January 14, 2019. Such notice referred to a direction contained in an order dated August 14, 2018 passed by a coordinate Bench of this Court in M.A.T. 727 of 2018 modifying an earlier direction dated August 01, 2018. The direction was quoted and followed by an observation that "all concerned are directed to follow the above direction of the Hon'ble Court strictly."
(3.) By our order dated December 06, 2019, we had called for the records of M.A.T. 727 of 2018. The records have since been placed before us. The order dated August 01, 2018 reads as follows: "This appeal was filed in the Registry on 23rd July, 2018. When the matter is called, the learned advocate-on-record of the appellants prays for a fortnight's time to issue notice upon the respondents with regard to filing of the appeal along with the connected application, being CAN 5368 of 2018. We do not appreciate the submission advanced on behalf of the appellants by their advocate-on-record for the simple reason that the appellants were duty bound in law to ensure service of notice of the appeal pari passu with filing of the Memorandum of Appeal and/or any connected application(s). Admittedly, this has not been done. Purely in the interest of justice, we adjourn the matter for a week to enable the learned advocate-on- record of the appellants to ensure service of notice of the appeal as well as the connected application to the respondents in the meanwhile. Let a copy of this order be transmitted to the concerned Registrar (Administration), who is directed to issue appropriate directions to the Computerized Filing Section, based on the observation made hereinabove. List this matter on 8th August, 2018." ;