Nupur Kumar Mukherjee & Another vs The Kolkata Municipal Corpn. & Another on 26 February, 2009

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Calcutta High Court

Nupur Kumar Mukherjee & Another vs The Kolkata Municipal Corpn. & Another on 26 February, 2009

Bench: Tapen Sen

                             WP No. 1860 of 2008
                        IN THE HIGH COURT AT CALCUTTA
                      Constitutional Writ Jurisdiction



                      NUPUR KUMAR MUKHERJEE          & ANOTHER

                                       Versus

                   THE KOLKATA MUNICIPAL CORPN.         & ANOTHER


For Petitioner : Mr. Aurobindo Chatterjee, Adv.

For Respondent : Mr. Fazlul Haque, Mr. Debangshu Mondal, Advs.

BEFORE:

The Hon'ble JUSTICE TAPEN SEN Date : 26th February, 2009.

The Court : Heard the learned Counsel for the Petitioner and Mr. Fazlul Haque for the Respondents.

Mr. Aurobindo Chatterjee, learned Counsel for the Petitioner, files a photocopy of the application in which the Petitioner had prayed for condonation of delay and which was rejected by the impugned order dated 3.10.2008 which has been brought on record at page 38 of this writ petition.

Upon a perusal of the application and having perused the contents of the impugned order, this Court is of the view that in stead of dismissing the application for condonation of delay, it would have been expedient and in the interests of justice for the Tribunal to have condoned the delay and then to have proceeded to hear the appeal on merits.

For the foregoing reasons and for no other reasons, the impugned order dated 3.10.2008 is set aside and the matter is remanded to the Tribunal with a direction to condone the delay and hear the appeal on merits.

This writ petition is accordingly disposed of without calling for any affidavits and therefore, it should not be deemed that the Respondents have admitted the allegations, if any, made in the writ petition.

Let it further be recorded that this order should not be construed by any of the parties as if it is an adjudication on the merits of the case in so far as the appeal is concerned.

With the aforesaid observations and directions this appeal is allowed and the impugned order is set aside.

The photocopy of the application for the condonation of the delay which was produced by Mr. Aurobindo Chatterjee, is directed to be retained with the records of this case.

All parties concerned are to act on a photostat signed copy of this order on the usual undertakings.

(TAPEN SEN, J.) kc.

Asstt. Regr. (Ct. Recording)

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