Victor Oil Company
Pvt. Ltd. Vs. E.C. Bose & Company Pvt. Ltd.  INSC 1260 (30 July 2008)
JURISDICTION CIVIL APPEAL NO.3298 OF 2001 VICTOR OIL COMPANY PVT. LTD.
Appellant(s) Versus E.C. BOSE & COMPANY PVT. LTD. Respondent(s) ORDER We
have heard learned counsel for the parties.
The Special Leave
Petition was filed against the judgment and order dated 10th July, 2000 passed
by the High Court of Calcutta in C.O. No.1013 of 2000 whereby the Calcutta High
Court directed the Calcutta Port Trust to be impleaded as part respondent in
the pending suit between the parties. Leave was granted by this Court and the
operation of order of the Calcutta High Court was stayed. However, the Court
directed that the trial may proceed.
Now the trial has
already proceeded and almost come to a conclusion.
Now in case this
order of the Calcutta High Court is allowed to be made then it will create a
further confusion. If Calcutta Port Trust is made a party then notice has to be
given to it and the written statement will be filed by the Calcutta Port
...2/- -2- Trust. Since the trial has almost concluded as was directed by this
Court by Order dated 23rd April, 2001, no useful purpose will be served now by
permitting the Calcutta Port Trust to be impleaded as party to start a fresh
interim order passed by this Court on 23rd April, 2001 staying the operation of
the order of the Calcutta High Court is made absolute.
As the Trial has
already begin the Trial Court is directed to dispose of the trial
The Civil Appeal is
accordingly disposed of.