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2025 DAILYLAW 40679 (CAL)

VIJAI SHREE PVT. LIMITED (FORT WILLIAM JUTE MILL DIVISION) v. SOGRA BIBI AND ORS.

WPA/22093/2025 · 2025-09-18

Shampa Dutt Paul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.09.2025 Ct. No. 30 S.L. No. 5 SM WPA 22093 of 2025 Vijai Shree Pvt. Limited Versus Sogra Bibi & Ors. Mr. Soumya Majumder, sr. adv. Mr. S.K. Singh Mr. Ravi Kr. Dubey ……for the petitioner Mr. Mr. Lalit Mohan Mahata Mr. Anubrata Santra …….for the State 1. Affidavit-of-service filed be kept with the record. 2. The writ application has been preferred against order dated 28.02.2024 and order dated 04.09.2025 passed by the Controlling Authority and the Appellate Authority respectively. 3. The petitioner’s case is that in spite of this Court’s order dated 09.06.2025 passed in WPA 11565 of 2025, and the appellate authority’s notice dated 24.07.2025 did not consider the petitioner’s application dated 08.08.2025 calling for the ESI records and other documents as stated in the said application and disposed of the appeal in a mechanical manner, causing severe prejudice to the petitioner herein. 4. It is further stated that the petitioner could not get the documents through an RTI application, as the provisions therein are restricted and it won’t serve the petitioner’s purpose. 2 5. It is further stated by the petitioner that as the documents called for by the appellate authority relate to the year 1994 onwards, are not traceable in their office and the case of the petitioner will have to be decided on the basis of the said documents as called for. 6. The respondent’s case is that the petitioner is only delaying the process intentionally, thus cause prejudice/loss to the respondent herein. 7. It appears from the order of the Controlling authority that three relevant documents were produced and proved as Exhibits being 1 to 3. 8. The previous order of the appellate authority was set aside as it was not a reasoned order. 9. On perusal of the order of the Controlling Authority it appears that there are sufficient material on record to adjudicate the present case on merit. 10. It appears that this time the appellate authority has passed a reasoned order which is now to be considered while hearing the writ petition along with the order of the Controlling Authority. 11. Matter be listed in the Monthly List of November, 2025 for hearing. [Shampa Dutt (Paul). J]