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Sudarshana Chakraborty and Anr v. Central Bank of India and 3 Ors

Disposed Of
Court
High Court of Gauhati
Decided
10 September 2024
Bench
Nelson Sailoauthor
Case no.
I.A.(Civil) 2342/2024

Judgment

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PIN - 785001. 4:UNION OF INDIA REP. BY THE SECRETARY TO THE GOVT OF INDIA

MINISTRY OF FINANCE DEPARTMENT DISPUR GUWAHATI-6 Advocate for the Petitioner : MR A DASGUPTA, MS. B DAS Advocate for the Respondent : SC, FINANCE DEPTT.,

B E F O R E

HON'BLE MR. JUSTICE NELSON SAILO

11.09.2024

Heard Mr. Das Gupta, learned Senior Counsel assisted by Ms. D Das for the applicant, who submits that by filing this application, the applicants seek their impleadment as petitioner Nos. 1-A and 1-D respectively, since they are wife and daughter of the late writ petitioner, who expired on 21.01.2024. The learned Senior Counsel submits that challenge made in the writ petition is with regard to the order of dismissal inflicted upon the late petitioner, after he retired from service. He submits that as per the decision of the Apex Court, the same is not permissible in law. In that view of the matter, learned Page No.# 3/3 counsel submits that cause of action survives and thereafter, the impleadment of the applicants is necessary for proper adjudication of the writ petition. Although the counsel for the opposite party is not present today, it is seen that the name of the counsel is reflected in the cause-list and despite the same, no one has appeared. Considering the submission made and upon perusal of the application, this Court considers it appropriate to allow the same. Accordingly, the impleadment of the applicants as petitioner Nos. 1-A and 1-B to the writ petition is hereby allowed. I.A stands disposed of as allowed.

JUDGE Comparing Assistant

Source: High Court of Gauhati, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.