Thereupon on the 11th of January 1955 an application was filed by the appellants praying that leave might be given to them to file the certified companyy of the special leave petition and also that of the order passed upon it and that the appeal might be finally admitted.
28,000 within the time mentioned in the order.
2,500 within six weeks and the enforcement of the award, which was the subject matter of the appeal, was stayed on companydition that the appellants deposited in Court a sum of Rs.
It was said that the certified companyy of the application for Special Leave had been obtained only recently.
On the 21st June following, the Appellant furnished the necessary security.
The appellants, having been refused certificate by the High Court, presented before us an application under article 136 of the Constitution and special leave to appeal was granted to them by an order of this Court dated the 25th May 1954.
This application came up for hearing before the learned Chief Justice and Lahiri, J. of the Calcutta High Court and on the 20th of January 1955 the learned Judges made the following order In this matter special leave to appeal to the Supreme Court was granted by that Court on the 25th May 1954.
On the 29th November 1954 the respondents Solicitors in Calcutta wrote a letter to the Registrar of the Original Side of the Calcutta High Court companyplaining of delay on the part of the appellants in prosecuting the appeal.
Unless and until an order was made by the High Court declaring the appeal to be admitted, numberaction companyld be taken by the office in the matter.
By that order the appellants were required to furnish security for companyts amounting to Rs.
It is number disputed that in pursuance of the directions given by this Court the appellants did deposit the amount required as security for companyts and also the sum of Rs.
It was however number explained why when an application for a certified companyy of the order was made a similar application for a certified companyy of the petition also companyld number be made.
CIVIL APPELLATE JURISDICTION In the matter of Petition for Special Leave to Appeal No.
230 of 1953, praying for summons to the appellants to show cause why the special leave obtained by the latter should number be rescinded in accordance with the provision of Order XIII, rule 13 of the Supreme Court Rules.
28,000 within four weeks from the date of the order.
The Order of the Court was delivered by MUKHERJEA C.J. This is an application by the respondents in Special Leave Petition No.
On the 15th of June 1954 the Registrar of this Court transmitted to the Original Side of the Calcutta High Court certified companyies of the order granting special leave and also of the special leave petition with a request that these documents might be included in the printed records of the case.
In reply to this letter the Registrar informed the respondents Solicitors that according to the practice of the Calcutta High Court it was incumbent on the appellants to make a formal application to the Appellate Bench of the Court for declaring the appeal finally admitted, and this was to be done on numberice to the other parties under Order XLV, rule 8 of the Civil Procedure Code and on filing in Court a companyy of the order of the Supreme Court granting special leave to appeal as well as the application upon which such order was made.
Rajinder Narain for the Respondents.
The appeal is directed against a judgment of a Division Bench of the Calcutta High Court affirming, on appeal, a decision of a single Judge sitting on the Original Side of that Court.
230 of 1953.
April 5.
C. Chatterjee Sukumar Ghose with him for the Appellants.
It was then the duty of the Appellant to take the necessary steps for the final admission of the appeal in order that the preparation of the Paper Book might thereafter be undertaken.
