SHREE APARTMENT FLAT OWNERS ASSOCIATION Vs. STATE

JUDGEMENT

(1.) This is one of the rarest of the rare cases which has come up before this Court where the Tribunal have disbelieved the downloaded copy of the orders passed by this Court in a proceeding from the website of this Court. The Tribunal, as it appears, have disbelieved the authenticity and genuinity of the downloaded order and insisted for production of the certified copy. In an earlier writ petition an order of stay of all further proceedings was passed by this Court for a limited period. The said order was extended from time to time and lastly extended till the disposal of the writ petition. It is informed by the petitioners that the said writ petition is still pending and the interim order which is passed therein is still in vogue. An application was filed before the Tribunal informing that the order of stay of all further proceedings have already been passed by the High Court. The Tribunal on the prayer of the learned advocate for the private respondent directed the petitioners to submit the certified copy of the said order and for the same imposed costs of Rs. 500/-.

(2.) It is a matter of regret that the orders uploaded on the website of the Calcutta High Court after its download are disbelieved by the inferior judiciary. The Tribunal appeal's to have been constituted of the members one of which is at the rank of additional District Judge. All the judicial officers have been provided with the computers/laptops with the internet facilities. If any doubt is arising in the mind of the judicial officer, he can very well access to the website of the Calcutta High Court and should not have proceeded in the manner as has been done in the present case. This Court strongly deprecates the manner in which the Presiding Officer has proceeded in the matter.

(3.) The order impugned, therefore, is quashed and set aside. The Tribunal is reminded that there is already an order of stay of further proceedings passed in W.P. 7346-48 (W) of 2002 which is still pending before this Court.