The Union Of India & Ors vs Irla No.19461373
2021 Latest Caselaw 303 Cal

      19.01.2021
       DL 2
ns Ct.04                        M.A.T. No.1742 of 2016

                                               with

                          I.A. CAN 1 of 2016 (Old CAN 10372 of 2016)
                                              and
                          I.A. CAN 2 of 2016 (Old CAN 10375 of 2016)

                                The Union of India & Ors.
                                         Versus
                     IRLA No.19461373, Dr. Ram Krishna Pathak & Anr.



                      Mr. Y. J. Dastoor, sr. adv.,
                      Mr. Debapriya Gupta,
                      Mr. Arijit Majumdar
                                                       ...      for appellants.

                      Mr. Srijib Chakraborty,
                      Mr. Pankaj Agarwal
                                           ... for respondent/writ petitioner.

Re: I.A. CAN 1 of 2016 (Old CAN 10372 of 2016)

I.A. CAN 1 of 2016 (Old CAN 10372 of 2016) is

application for condonation of delay in filing the appeal.

Mr. Dastoor, learned senior advocate and Additional

Solicitor General appears on behalf of appellants and

submits, delay of 696 days be condoned and the appeal

admitted. There is, according to him, merit in the appeal.

The issue relates to exercise of power by superior authority

in directing an adjudication on the judicial side. Mr.

Chakraborty, learned advocate appears on behalf of

respondents. He opposes the application for condonation

of delay.

We are inclined to accept the causes shown for

being prevented to file the appeal in time on perusal of

impugned judgment. We find there is substance in the

controversy, requiring decision. The application is allowed

on the delay being condoned.

By consent, list the appeal on 9th February,

2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)