The single-judge bench dismissed the preferential appeal as not maintainable since the appeal was against a single-judge order from a consumer forum admitting the second appeal jurisdiction lies with the Supreme Court subject to special leave. No costs were imposed.
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10.09.2021 Item no.4/5. Court No.42. AB
(Via Video Conference)
CRA No. 254 of 2021 (I A CRAN 1 of 2021) With CRA No. 514 of 2018 I A CRAN 1 of 2018 (Old CRAN 3246 of 2018)
In the matter of : Sarif Sk. @ Sarip Sk. @ Mohiruddin Sk.
……Appellant.
Mr. Arindam Roy …for the Appellant in CRA 254 of 21.
CRA No.254 of 2021 has been preferred against a judgment and order dated March 25, 2021 passed by the Hon’ble Justice Bibek Chaudhuri in CRA No.514 of 2018. By the said judgment, the Hon’ble Justice Bibek Chaudhuri was pleased to dismiss the appeal as well as dispose of the application filed in connection therewith. As such, the present appeal is not maintainable in the eye of law before this Court. The remedy of the appellant lies before the Hon’ble Supreme Court, subject to special leave, if any, granted by the said Court. The conduct of the appellant in trying his luck before the same Court twice is strongly deprecated. However, keeping in mind the plight of the appellant, who is already in incarceration for a considerable period, no costs are imposed in the matter.
2
C.R.A. 254 of 2021 is dismissed, along with IA CRAN 1
of 2021, as not maintainable.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Sabyasachi Bhattacharyya, J.)
Sarif Sk. @ Sarip Sk. @ Mohiruddin Sk.
Sabyasachi Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
