LAWS(CAL)-2022-3-54

M/S. M. P. KHAITAN Vs. DESIGNATED COMMITTEE

Decided On March 01, 2022
M/S. M. P. Khaitan Appellant
V/S
Designated Committee Respondents

JUDGEMENT

(1.) In spite of call, none appears on behalf of the respondents. Mr. Bhaskar Prasad Banerjee, learned counsel, who usually represents the respondents, is present in Court. The Court directs Mr. Banerjee to appear in the instant appeal and the respondents are directed to regularise his appointment.

(2.) This intra-Court appeal filed by the writ petitioner is directed against the order dtd. 4/10/2021 in W.P.A. No.12807 of 2021. The appellant had filed the writ petition praying for issuance of a writ of declaration to confirm the correctness of the Form SVLDRS 1 dated December 12, 2019; for issuance of a writ of certiorari to quash the statement dtd. 6/2/2020 and the notice of demand dtd. 26/7/2021 and for issuance of a mandamus to the respondent to withdraw the said statement as well as the notice of demand and consequently give effect to the Form SVLDRS 1 dated December 12, 2019 filed by the appellant and issue statement under Sec. 127 of the scheme in Form SVLDRS 3. The learned Single Bench by the impugned order dismissed the writ petition solely on the ground that the appellant had approached the Court after expiry of the scheme, which expired on 30/6/2020. The correctness of the order has been questioned before in this appeal.

(3.) We have heard Dr. Samir Chakraborty, learned senior counsel appearing for the appellant and Mr. Bhaskar Prasad Banerjee, learned counsel for the respondents.