72 Year Old Case Pending In Calcutta High Court Attains Finality

A case which has been pending for over 72 years was decided by a Single Judge Bench of Calcutta High Court comprising Justice Ravi Krishan Kapur. The case was instituted in the year 1951 on the original side of the Calcutta High Court. Certain news reports claimed this to be India's oldest case, though this needs more verification. The lis revolved around the issue of liquidation of ‘Berhampore Bank Limited’. The case had been listed multiple times for hearing over the decades. As per the data available on the official website of the High Court, the case was listed for hearing on 3rd November, 2008 before a Single Bench of Justice Maharaj Sinha. However, he had to adjourn the matter as none appeared on behalf of the respondent. Subsequently, the matter was called for hearing on 1st November, 2011 before a Single Judge Bench of Justice Ashoke Kumar Dasadhikari. But nobody appeared for the parties that day which prompted the Judge to dictate the following order: “Nobody appears when the matter is called on. Let the matter go out of the list.” Apparently, the matter remained unlisted at least for the next 11 years, until it appeared on the board of Justice Ravi Krishan Kapur on 2nd September, 2022. However, no one appeared for either of the parties on that date as well. Therefore, Justice Kapur was constrained to direct the counsel, who usually appears on behalf of official liquidator, to take instructions and file a ‘status report’ in respect of the aforesaid company in liquidation. The official liquidator was also directed to ascertain as to why the winding-up proceeding of the bank was pending since 1951. Though the matter was next listed on 6th September, no one appeared. On 19th September last year, the Assistant Official Liquidator appeared before the Court and submitted the matter has been disposed of on 11th August, 2006. Thus, acknowledging the aforesaid, the Court had ordered: “Let this matter go out of the list. The Department is directed to make necessary corrections to its records.” But the matter did not end there. It again appeared on the roster of Justice Kapur on 9th January, 2023, wherein a request was made to correct the above order dated 19th September, 2022 to the extent it had recorded the date of disposal as 11th August, 2006. The request was to correct the date as 18th August, 2006 instead of 11th August, 2006. The Court allowed the request and the curtain was formally drawn for the oldest pending litigation of India, 72 years after it was instituted. Case Title- In the Matter of : Berhampore Bank Limited (In Liquidation) Case No.- CP/71/1951Case Citation: 2023 LiveLaw (Cal) 9

72 Year Old Case Pending In Calcutta High Court Attains Finality

Jyoti Prakash Dutta

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