Duncans plea for an interim stay on the order

TT, Calcutta, Feb. 26: A division bench of Calcutta High Court headed by Chief Justice Manjula Chellur today refused to interfere in a case that had come up before a single bench challenging the validity of the Union government's decision to take over six tea gardens of the Duncans Industries Ltd.

The division bench sent the matter for hearing before Justice Sanjib Banerjee who had issued an interim order on February 17, asking the company to deposit Rs 4 crore with a court-appointed special officer for disbursing a portion of pending wages of tea garden employees by February 22.

Justice Banerjee had fixed the matter for hearing again on March 1.

The Duncans Industries Limited, instead of carrying out Justice Banerjee's directive, moved an appeal before the division bench of Chief Justice Chellur on February 24, which came up for hearing today.

Duncans' lawyer Anindya Mitra today prayed for an interim stay on the order passed by Justice Banerjee and requested the division bench to hear the case.

But Justice Chellur said: "We (Chief Justice Chellur and Justice Arijit Banerjee) are not inclined to interfere in the case at this stage. The matter will be heard as usual by Justice Banerjee on March 1. Then, if necessary, the appellant ( Duncans Industries) can move this court on March 7."