High Court at Calcutta dismissed an appeal as withdrawn, noting the appellant conceded a mistake regarding a declaration made before the Supreme Court.
Appeal MSMAT 1684 of 2022 is dismissed as withdrawn.
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3 Court No. 11 20.03.2023 G.S.Das
MAT 1684 of 2022
The Visva-Bharati -Vs-
Dr. Atanu Sasmal & Ors.
Mr. Victor Chatterjee
… for the Appellant
Mr. Pradip Kumar Roy
Mr. Joydeep Roy
… for the Respondent/writ petitioner
Mr. Anil Kumar Gupta
… for the Respondent No.3/UGC
Party/Parties is/are represented in the order of their name/names as printed above in the cause title.
Mr. Chatterjee, Learned Counsel appearing for the appellant, seeks withdrawal of this appeal.
Mr. Roy, Learned Counsel appearing for the respondent/the writ petitioner, relies on an Affidavit filed by his client.
From the said Affidavit, Mr. Roy points out that the respondent/the writ petitioner has stated on oath that the appellant/ Visva Bharati has given a declaration while filing a Special Leave Petition (SLP) before the Hon’ble Apex Court that no appeal has been filed before any other Court of law in India and nothing is pending.
The Affidavit of the Respondent/the writ petitioner further states that in the light of such declaration, it has been a material suppression of fact before the Hon’ble Apex Court.
2
By an Order dated 13th March, 2023, the appellant/ Visva Bharati was granted time to respond to the Affidavit filed by the respondent/ writ petitioner ( supra ).
However, no formal Affidavit by way of a response is filed by the appellant today.
Mr. Chatterjee only submits, on instruction, that the appellant has committed a mistake.
This Court, at this stage, restrains itself from commenting any further on the above factual scenario and permits the parties to take appropriate step before the appropriate Court/forum, as advised.
With the above observations, MAT 1684 of 2022 stands dismissed as withdrawn .
All parties to act on a server copy of this order duly obtained from the official website of the Hon’ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Supratim Bhattacharya, J.) (Subrata Talukdar,J.)
The Visva-Bharati
Dr. Atanu Sasmal
Dr. Anil Kumar Gupta
Supratim Bhattacharya
Subrata Talukdar
As recorded by the court registry
2 orders share this CNR
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