A bench of justice RM Lodha and justice AR Dave issued notice to Banerjee seeking her reply on why she should not be made party in the case challenging the appointment of Mukherjee, against whom Supreme Court had made adverse remarks earlier.
"It was surely abnormal procedure adopted by the Calcutta High Court. She should have been issued notice and she should be heard before deleting her name from the list of parties," the bench said.
The bench further clarified that it is issuing notice to Banerjee only as to why she should not remain one of the respondents in the case filed in high court.
The bench passed the order on a petition filed by an NRI doctor Kunal Saha against the high court's order which had refused to issue notice to Banerjee on his plea challenging the appointment of Mukherjee.
Saha had contended in his petition that Mukherjee's appointment was wrong as the doctor was severely criticised by the apex court which had said that "he is ignorant".