Lieutenant Governor & Ors. vs Capt. Alaguraj & Ors

This is an appeal which appears to be ready for hearing.

Pursuant to several orders of the Hon’ble Court passed from time to time in applications filed in connection with this appeal, ultimately this appeal

has now reached the stage of an Informal Paper Book (PB) having been prepared.

Mr. Rao, learned Counsel appearing for the appellants/the Lt. Governor of the Andaman & Nicobar Islands (for short, the Islands) draws the attention

of this Court to the order dated 17th May, 2021 of the Hon’ble Division Bench whereby the Port Blair Registry was directed to transmit the

copies of the P.B(s), as prepared by the appellants, to the Calcutta Registry.

A copy each of the PB is placed before this Court today at the hearing.

Copies of the P.B. be served on all the respondents by the appellants, if not already served.

Mr. Rao submits that the P.B. contains all documents essential to the adjudication.

Additionally, it is submitted on behalf of the appellants that an application under Order 41 Rule 27 CPC in IA No. CAN 1 of 2021 (Old No. CAN 029

of 2021) is also listed before this Court. On the strength of such application, the appellants pray for an opportunity to present additional evidence in the

appeal.

Ms. Nag, learned Counsel for the Respondent nos. 1 to 5, appears and submits that the provision of Order 41 Rule 27 CPC does not permit the

appellants to present additional evidence on their mere asking. Order 41 Rule 27 CPC becomes operative only on recording of the satisfaction of the

Court in seisin of the appeal to the effect that such additional evidence is germane to the ultimate adjudication and hence required.

At this stage, without going into the merits of the appeal, this Court is unable to arrive at a view on the presentation of additional evidence, contrary to

the stand taken by Ms. Nag.

Therefore, in the light of the above discussion, no order is called for in the application under Order 41 Rule 27 at this stage.

Mr. Gobind, learned Counsel, appears for the Central Bureau of Investigation (CBI). Mr. Gobind submits that a report on the present status of the

investigation has been filed pursuant to an earlier order of the Hon’ble Division Bench.

Mr. Lall, learned Counsel, appears for the Respondent nos. 8 and 9.

From the materials placed and submissions made, this Court is of the view that the matter be next placed for final disposal subject to existing COVID

restrictions/guidelines.

Accordingly, let the matter next appear before the appropriate Bench in July 2021.

Liberty to mention strictly upon notice to the other sides.

All parties shall act in terms of the copy of the order downloaded from the official website of this Court.