We are left with no option but to be over with this Bench, said Justice Sanjay Kishan Kaul and Justice Ahsanuddin Amanullah.

“We have no other option but to draw the conclusion that for whatever reasons the Bench constituted to hear this matter is unable to attend to it. We thus request the Chief Justice of the High Court to assign the matter to some other Bench which may be able to attend to the matter more expeditiously.’’

It was taken down on order showing the difficulty of Apex Court to hold with this never ending tale of adjourments.

Nothing could be achieved by this way Supreme Court noted, since already an order has been passed by this Court in January, 2023, for this regular matter, in six month this Bench of Calcutta HC had mastered in limitless adjourments.

Aggrieved by the adjournments the petitioner had approached the Apex Court on 17.04.2023. The Apex Court had passed orders to the effect that the matter be placed before the then Acting Chief Justice of the Calcutta High Court, so that it can be taken up and decided expeditiously. The order was served to the office of the Acting Chief Justice of the High Court on 19.04.2023. In this regard, the Bench, on Thursday, noted ; 

Adjournments to this extent had forced the petitioner to approach us this 17^th day of April, 2023. The Supreme Court had passed and order stating that this matter be assigned to then Acting Chief Justice of Calcutta High Court and let this order be presented to his office on 19.04.2023, and further noted that -

“Listing of the matter however continued before the same Bench and the same result continued with adjournment.”

At the submission of Counsel to permit him to appear before the High Court virtually, the Bench recorded in the order -

“We are told that the proceedings virtually are being hampered. We fail to appreciate that, as the Counsels have the option to either appear virtually or physically.’’

Case Title: Rt. Rev. Paritosh Canning And Ors. v. Anil Rajkumar Mukherji And Ors. SLP(C) No. 9621/2023.