Chandra Sekher Shil vs. Principal Chief Commissioner Kolkata South And Ors

Facts

The appellant, Shri Chandra Sekher Shil, had filed an appeal before the Calcutta High Court. The Division Bench, by an order dated October 18, 2024, extended the time for the appellant to approach the appellate authority and directed a payment of Rs. 15,000/- to the Calcutta High Court Legal Services Committee. The appellant then filed a Special Leave Petition before the Supreme Court, which was dismissed on November 5, 2024. The Supreme Court had extended the compliance time for the Division Bench's direction by one week to allow the appellant to file the statutory appeal. The current proceedings note that no one appeared for the appellant, and it is unknown if the amount was paid or the appeal was filed.

Held

The Court held that in the absence of the appellant and without knowledge of compliance with the directions, no further orders were necessary. The appeal was disposed of in terms of the earlier order of the Division Bench, which had merged with the order of the Supreme Court. The reasoning was based on the procedural history, including the dismissal of the Special Leave Petition by the Supreme Court and the lack of appearance by the appellant in the current proceedings. The operative direction was to dispose of the appeal as per the earlier order.

Key Issues

1. Whether the appeal before the Division Bench of the Calcutta High Court stands disposed of in terms of the earlier order, which has merged with the order of the Supreme Court, given the non-appearance of the appellant and the lack of information regarding compliance with the directions. The respondents, represented by Mr. Tapan Bhanja, argued that since the appellant did not appear and there was no information about compliance, no further orders were required, and the appeal should be disposed of as per the previous order, which had merged with the Supreme Court's order. The judgment does not record any arguments from the appellant's side.