State of West Bengal vs Anil Naskar

A minor controversy has arisen with regard to the filing of a fresh vakalatnama on behalf of the West Bengal Housing Board by Mr. Bijan Ghosh, learned advocate- on-record, in the Supreme Court, since Mr. H.K. Puri had been appearing as such advocate-on-record in the matter which has already been disposed of. However, to put an end to the dispute, we exercise our powers under Order 47, Rule 1 of the Supreme Court Rules, and allow Mr. Bijan Ghosh to represent the Housing Board. Civil Appeal No. 1505 of 2003, which is on the board today, was finally disposed of on 6th November, 2008, along with 59 other matters, with a direction that the West Bengal Housing Board would file its written statements before the learned Reference Judge within three months from the date of the order. The West Bengal Housing Board was also directed to file all other necessary documents, which were in its power and possession, within four weeks from the said date. Leave was further granted to the parties if they wished to adduce any other or further evidences, to do so and in respect whereof a list of witnesses was to be filed before the Reference Court within six weeks from date. The learned Reference Judge was also directed to dispose of the matter expeditiously, but not later than 3 months from the date of the receipt of the copy of the order.

This application has been made for extension of the time granted by this Court for disposal of the Reference, which period had already been extended once before and is to expire on 6th May, 2009.

Having heard learned Counsel for the parties and having seen the contents of the application, we allow the same and extend the time for disposal of the Reference by 30th June, 2009. The learned Reference Judge is also directed to allow the Housing Board to examine Mr. Nirupam, B., Valuer, whose evidence-in-chief had been tendered on 26th March, 2009, and such other witness or witnesses, as may be considered relevant by the learned judge.

The I.A. is disposed of in the above terms.

Let a copy of the order be made available to the parties as quickly as possible.