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BALAJI ENTERPRISES v. WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED

Supreme Court of India | Diary 10116/2022

Status

ROP - of Main Case

Decided On

05-03-2024

Bench

HON'BLE MR. JUSTICE M.M. SUNDRESH and HON'BLE MR. JUSTICE S.V.N. BHATTI

Petitioner

BALAJI ENTERPRISES

Respondent

WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED

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Full Judgment Text

ITEM NO.43 COURT NO.14 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7242-7247/2022 (Arising out of impugned final judgment and order dated 17-12-2021 and 21-01-2022 in CAN No. 2/2020 in MAT No.1069/2015, in CAN No. 2/2020 in MAT No.1129/2015 & in CAN No.2/2020 in MAT No.1309/2015 passed by the High Court at Calcutta) BALAJI ENTERPRISES Petitioner(s) VERSUS WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED & ORS. Respondent(s) Date : 05-03-2024 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Umang Shankar, AOR Mr. Rajiv Ranjan Prasad, Adv. Mr. Praveen Alok, Adv. Mrs. Neha Shankar Srivastava, Adv. Mrs. Anita Mohan, Adv. For Respondent(s) Mr. Kunal Mimani, AOR Mr. Kartikey Bhatt, Adv. Mr. Abhinav Jain, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner submits that the present petitions have become infructuous. Accordingly, the Special Leave Petitions are dismissed as infructuous. (SWETA BALODI) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH)

1 ITEM NO.39 COURT NO.4 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7242-7247/2022 (Arising out of impugned final judgment and order dated 17-12-2021 and 21.01.2022 in I.A. No.CAN No. 2/2020 in MAT No. 1069/2015, IA No. CAN No. 2/2020 in MAT No. 1129/2015 and IA No. CAN No. 2/2020 in MAT No. 1309/2015 passed by the High Court At Calcutta) BALAJI ENTERPRISES Petitioner(s) VERSUS WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED & ORS. ETC. Respondent(s) IA No. 94656/2022 - DELETING THE NAME OF PETITIONER/RESPONDENT IA No. 94660/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 01-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Dama Seshadri Naidu, Sr. Adv. Mr. Umang Shankar, AOR Ms. Shivali Chaudhary, Adv. Mr. Siddharth Chapalguonkar, Adv. Mr. Poornachandiran R., Adv. Mr. Ananvay Anandvardhan, Adv. Ms. Mallika Agarwal, Adv. For Respondent(s) Mr. V.V. Giri, Sr. Adv. Mr. Kunal Mimani, AOR Mr. Kartikey Bhatt, Adv. Mr. Gurveer Lally, Adv. Mr. Suven bhagat, Adv. UPON hearing the counsel the Court made the following O R D E R Application for deleting the names of pro forma respondents is allowed at the risk and responsibility of the petitioner.

2 Application for permission to file additional documents is allowed. There is progress in hearing but what is pointed out by learned counsel for the petitioner is that on various dates there has to be deferment on account of unfortunately some member of the Bar passing away when the resolution is passed by the Bar Association for deferment of hearing. Position is aggravated since the hearing is taken up at 3.30 p.m. We do believe it may be more convenient if in a matter of this nature, subject to the convenience of the Bench, the hearing commences immediately after the lunch session so that there is continuity in the matter. List after four weeks. [CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.32 COURT NO.5 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) Nos. 7242-7247/2022 (Arising out of impugned final judgment and order dated 17-12-2021 and 21.1.2022 in I.A. No.CAN No.2/2020 in MAT No.1069 of 2015, I.A. No.CAN No.2 of 2020 in MAT No.1129 of 2015 and I.A. No.CAN No.2 of 2020 in MAT No.1309 of 2015 passed by the High Court At Calcutta) BALAJI ENTERPRISES Petitioner(s) VERSUS WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED & ORS. Respondent(s) (IA No. 59171/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 15-07-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Dama Seshadri Naidu, Sr. Adv. Mr. Umang Shankar, AOR Ms. Shivali Chaudhary, Adv. Mr. Siddharth Chapalguonkar, Adv. Mr. Poornachandiran R., Adv. Mr. Ananvay Anandvardhan, aDv. Ms. Mallika Agarwal, Adv. For Respondent(s) Mr. V. Giri, Sr. Adv. Mr. Kunal Mimani, AOR MS. Suven Bhagat, Adv. UPON hearing the counsel the Court made the following O R D E R Application seeking exemption from filing C/C of the impugned judgment is allowed. We are informed that the matter is on the board and we would expect the matter to be taken up on urgent basis. The order- sheet(s) produced before us shows that adjournment was sought on 1

behalf of the appellant. Thus the appellant has already been accommodated earlier and would not need any further accommodation. The order of the High Court could be passed one way or the other and be placed before us by the next date. List on 01 st August, 2022. (RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER 2

1 ITEM NO.4 COURT NO.6 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 7242-7247/2022 (Arising out of impugned final judgment and order dated 17-12-2021 in CAN No. 2/2020 17-12-2021 in CAN No. 2/2020 17-12-2021 in CAN No. 2/2020 21-01-2022 in CAN No. 2/2020 21-01-2022 in CAN No. 2/2020 21-01-2022 in CAN No.2/2020 passed by the High Court At Calcutta) BALAJI ENTERPRISES Petitioner(s) VERSUS WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED & ORS. Respondent(s) ( IA No.59171/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 06-05-2022 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Dama Seshadri Naidu, Adv. Mr. Umang Shankar, AOR Ms. Shivali Chaudhary, Adv. Mr. Siddharth Chapalgaonkar, Adv. Mr. Poorna Chandiran R., Adv. Ms. Nikhila Tejaswi Murru, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner informs that even on 11.02.2022 nothing has happened which is quite apparent as at least the High Court website has not even uploaded any order passed on that date. Issue notice returnable in the miscellaneous week after the summer recess.

2 We make it clear that our notice is with the objective of seeking an earlier adjudication to the dispute and does not prevent the High Court in taking up the matter expeditiously. A copy of the order be placed on record in the pending proceedings before the High Court. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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