BIRENDRA NATH DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Two appeals being FMA 85 of 2019 (Udyog Traders Vs. Birendra Nath Dey and Ors.) and FMA 86 of 2019 (Birendra Nath Dey Vs. The State of West Bengal & Ors.) are heard together not only because they arise out of the same judgment and order dated 11th September, 2018, but also for the reason that a decision in one of the appeals will have an impact on the other. The writ petition being WP 6100 (W) of 2015 (Birendra Nath Dey Vs. The State of West Bengal & Ors.) was filed by the appellant (in FMA 86 of 2019) (for the sake of convenience we hereinafter referBirendra Nath Dey as the writ petitioner).In the said writ petition, Udyog Traders, the appellant in FMA 85 of 2019, was respondent No.8 (for the sake of convenience, we hereinafter refer the appellant as Udyog Traders).

(2.) The facts leading to the filing of the writ petition are as follows:-

(3.) It further appears that the writ petition was amended subsequently to the amendment application made by the writ petitioner being allowed on contest after affidavits.