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Calcutta High Court (Appellete Side)

Union Of India & Ors vs Subrata Nath on 9 April, 2019

Author: Dipankar Datta

Bench: Dipankar Datta

                                                                      1

554   9.04.19
ML
Sc                          CAN 9268 OF 2018
                             (Application for condonation of delay)
                                            with
                             CAN 9269 OF 2018
                                  (Application for stay)
                                              in
                             M.A.T. 1410 OF 2018
                                          With
                             M.A.T. 776 OF 2018
                                       ----------

Union of India & Ors.

-vs.-

Subrata Nath Mr. Swapan Kumar Nandi ....For the Applicants/ Appellants.

Mr. Soumya Majumder .....For the Respondents.

                  Re :    CAN 9268 OF 2018
                                   --------------------


CAN 9268 of 2018, being an application for condonation of 105 days' delay in presenting MAT 1410 of 2018, is taken up for consideration.

On perusal of the pleadings, we are satisfied that cause shown for belated presentation of the appeal is sufficient. Accordingly, the application for condonation of delay being CAN 9268 of 2018 stands allowed and the delay in presentation of MAT 1410 of 2018 is condoned.

Register the appeal, if it is otherwise in form.

Re : CAN 9269 OF 2018

--------------------

2

This is an application filed in the appeal seeking stay of operation of the order impugned dated June 25, 2018 passed by a learned Judge of this Court in favour of the writ petitioner/respondent.

Having heard learned advocates for the parties at some length, we are of the view that the impugned order ought to remain stayed till May 24, 2019 or until further orders, whichever is earlier. It is ordered accordingly.

Since the respondent is represented by Mr. Majumder, learned advocate, formality regarding service of notice of appeal on him is dispensed with.

Let adequate number of informal paper books - printed, typewritten or cyclostyled containing all papers which were used before the learned Judge, be prepared by the appellant within May 10, 2019, failing which the interim order passed above shall stand vacated automatically, without reference to the Bench. ACO List the appeal along with MAT 776 of 2018 under the heading 'Hearing' on May 14, 2019.

(Dipankar Datta, J.) (Saugata Bhattacharyya, J.)