Calcutta High Court
S.V.S. Marwari Hospital vs State Of West Bengal & Ors on 5 March, 2008
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
ORDER SHEET G.A. No.1323 of 2006 A.P.O.T. No.29 of 2006 W.P. No.2392 of 2001 IN THE HIGH COURT AT CALCUTTA ORIDNARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE S.V.S. MARWARI HOSPITAL.
-Versus-
STATE OF WEST BENGAL & ORS.
Before The Hon'ble Justice SUBHRO KAMAL MUKHERJEE
-And-
The Hon'ble Justice KALIDAS MUKHERJEE 05.03.2008 A supplementary affidavit to the application for condonation of delay in filing the appeal has been filed.
We have heard Mr. Partha Dutta, learned advocate appearing on behalf of the appellant and Mr. Asish Kumar Das, learned advocate appearing on behalf of the employee and considering the facts and circumstances of this case, we are of the opinion that the appellant was prevented by sufficient cause from filing the appeal in time. Therefore, delay in filing the appeal for 255 days is condoned subject to, however, payment of a cost of 100 GMs to the concerned employee by two weeks from date. Such cost should be paid by way of an account payee cheque drawn in the name of the employee and is to be handed over to Mr. Das within the time stipulated.
2In default, the application for condonation of delay shall stand dismissed.
All parties are to act on a signed copy of the minutes of this order on the usual undertakings.
(SUBHRO KAMAL MUKHERJEE, J.) (KALIDAS MUKHERJEE, J.) K.Banerjee R.O.(Ct.)