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Calcutta High Court

Areva T & D India Ltd vs Union Of India & Ors on 28 October, 2009

Author: Subhro Kamal Mukherjee

Bench: Subhro Kamal Mukherjee

                                APOT No. 401    of 2009
                                GA No. 2811     of 2009
                                GA No. 2816     of 2009
                                        with
                                WP No.   744    of 2009


                         IN THE HIGH COURT AT CALCUTTA

                          Civil Appellate Jurisdiction

                                   ORIGINAL SIDE



                             AREVA T & D INDIA LTD.

                                       Versus

                             UNION OF INDIA & ORS.


For Appellant :         Mr. J.P.Khaitan, senior advocate


For Respondents :       Mr.Tilok Bose, advocate with Ms.M.Bhargav,advocate

BEFORE:

The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE The Hon'ble JUSTICE SANKAR PRASAD MITRA Date : 28th October, 2009.
Mr. Tilok Bose, learned advocate with his junior Ms. Bhargav, learned advocate, appears on behalf of the respondents. Therefore, formal service of notice of the application for condonation of delay on the respondents is dispensed with.
After hearing Mr. J.P.Khaitan, learned senior advocate for the appellant and Mr. Tilok Bose, learned advocate for the respondents and considering the averments contained in the application for condonation of delay in filing the appeal, we are satisfied that the appellant was prevented by sufficient cause from 2 presenting the memorandum of appeal in time. Therefore, the delay in filing the appeal is condoned. The application for condonation of delay is, thus, allowed.
The office is directed to register the appeal if the appeal is, otherwise, in form.
Put up the appeal for hearing for admission under the same heading on November 4, 2009.
There will be no order as to costs.
All parties concerned are to act on a signed xerox copy of this order on the usual undertakings.
(SUBHRO KAMAL MUKHERJEE, J.) (SANKAR PRASAD MITRA, J.) sm.
AR[CR]