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Calcutta High Court (Appellete Side)

( State Of W. B. & Ors vs Amiya Kumar Dey & Ors. ) on 25 November, 2010

Author: Bhaskar Bhattacharya

Bench: Bhaskar Bhattacharya

ah (13) 25.11.2010                    M. A. T. No. 864 of 2010

                      ( State of W. B. & Ors. -vs- Amiya Kumar Dey & Ors. )

                                  Re: Application for condonation of
                                      delay being CAN 6009 of 2010.

                              Mr. Tarun Roy,
                              Mr. Saikat Banerjee
                                               ... for the appellants.
                              Mr. Pradip Datta,
                              Mr. Ananda Ghosh,
                              Mr. Uttam Bhattacharya.
                                             ... for the writ-petr.--respondent.

Mr. Kamalendu Ghose, Mr. Raja Ghosh ... for the School authority. After hearing the learned Counsel for the parties and after going through the explanation given in the application for condonation of delay, we are convinced that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation. We, thus, condone the delay in filing the appeal. The application for condonation of delay being CAN 6009 of 2010 is, thus, disposed of.

Re: An application for stay being CAN 9027 of 2010.

Let affidavit-in-opposition to the application for stay be given within fortnight from today; reply, if any, within a week thereafter; let the matter appear in the list after three weeks.

After hearing the learned Counsel for the parties and after considering the materials on record, we stay the operation of the order impugned for a period of four weeks from today or till the disposal of the application, whichever 2 is earlier, with liberty to apply for extension of the interim order after filing of affidavits.

( Bhaskar Bhattacharya, J. ) ah ( Dr. Sambuddha Chakrabarti, J. )