Calcutta High Court (Appellete Side)
New Prince Co-Operative Housing ... vs Sri Utpal Ganguly & Ors on 22 January, 2019
1
IN THE HIGH COURT AT CALCUTTA
22-01-2019 Constitutional Writ Jurisdiction
Appellate Side
Subrata
CAN No.9172 of 2017
in
CAN No.9093 of 2017
with
CAN No.9173 of 2017
in
CAN No.9092 of 2017
arising out of
W.P.No.11181(W) of 2001
New Prince Co-operative Housing Society Limited
-vs-
Sri Utpal Ganguly & Ors.
And
CPAN No.441 of 2018
Sri Utpal Ganguly
-vs-
Sri Tapan Kumar Mondal & Anr.
in
WP No.4781(W) of 2003
Mr. Dwijadas Chakraborty ...for the petitioner
[in WP No.11181(W) of 2001]
... for the contemners
[in CPAN No.441 of 2018]
Mr. Bikash Ranjan Bhattacharya
Mr. D.K. Sengupta
Ms. Sweta Saha ...for respondent no.1/ petitioner
[in WP.No.4781(W) of 2003] CAN No.9172 of 2017 has been filed for condonation of delay in filing the restoration application - CAN No.9093 of 2017 for restoration of the writ petition.
In my view, sufficient grounds have been urged in the section 5 Limitation Act application. Hence CAN No.9172 of 2017 is allowed and the delay is condoned.
CAN No.9173 of 2017 is for condonation of delay in filing CAN No.9092 of 2017 for restoration of the writ petition.
After considering the section 5 application, the delay is condoned and CAN No.9173 of 2017 is allowed.
CAN No.9092 of 2017 has been filed for restoration of the writ petition [WP No.11181(W) of 2001] which was dismissed for default by an order dated September 28, 2015.
2After hearing the parties and considering the case stated in the restoration application, I allow CAN No.9092 of 2017, recall the order dated September 28, 2015 and restore the writ petition to its file and number.
CAN No.9093 of 2017 is for restoration of WP No.11181(W) of 2001 which was dismissed for default on November 8, 2016.
Sufficient grounds have been stated in the restoration application for non-appearance on November 8, 2016. Hence I allow CAN No.9093 of 2017, recall the order dated November 8, 2016 and restore the writ petition [WP No.11181(W) of 2001] to its original file and number.
Learned advocates appearing for the parties in both the writ petitions pray for accommodation for two weeks.
The prayer is allowed. List the writ petitions along with the contempt application after a fortnight - February 5, 2019 for hearing.
Let affidavit-in-opposition filed by the contemners in CPAN No.441 of 2018 arising out of WP No.4781(W) of 2003 and affidavit-in-reply thereto be taken on record.
[Rajasekhar Mantha, J] 3