Union Of India & Ors vs Irla No. 19461373. Dr. Ram Krishna
2021 Latest Caselaw 4 Cal

3&4
Court
No. 5    4.1.2021                MAT 1742 of 2016
G.S.Da
s
                                       With
                       CAN 1 of 2016 (Old No. 10372 of 2016),
                       CAN 2 of 2016 (Old No. 10375 of 2016)

                                Union of India & Ors
                                        -Vs-
                        IRLA No. 19461373. DR. Ram Krishna
                                   Pathak & Anr.

                                            With

                                MAT 1427 of 2015
                                       With
                     CAN 1 of 2016 (Old No. CAN 8136 of 2016)
                     CAN 2 of 2016 (Old No. CAN 8137 of 2016)


                     The Deputy Inspector General, S.H.Q, BSF
                                       -Vs-
                       IRLA No. 19461373, DR. Ram Krishna
                                     Pathak


                         Mr. Y. J. Dastoor
                         Mr. Debapriya Gupta
                         Mr. Arijit Majumdar

                                           ... for the U.O.I.

                         Mr. Pankaj Agarwal

                                                ... for the Respondent

Party/Parties is/are represented in the

order of their name/names as printed above in

the cause title.

Learned Additional Solicitor General

(ASG), Mr. Dastoor, appears in support of the

appeals and the connected applications.

Two of the appeals are respectively MAT

1742 of 2016 (hereinafter referred to as MAT-I)

and MAT 1427 of 2015 (hereinafter referred to

as MAT-II).

MAT-I is supported by CAN 1 of 2016 (Old

CAN No. 10372 of 2016) and MAT-II is

supported by CAN 1 of 2016 (Old CAN No.

8136 of 2016).

The above-referred connected applications

are for condonation of delay of over 300 days in

filling MAT-I and 670 days in filling MAT-II

respectively.

The Learned ASG seeks to explain the

delay in the following manner, i.e. MAT-I was

filed with one respondent acting as the

appellant. However, it was found necessary to

implead the equal number of respondents in

the writ petition as the appellants in MAT-II.

For the above reasons, Learned ASG

submits that time was consumed to obtain the

certified copy of the impugned judgment and

order of the Hon'ble Single Bench for filing the

next appeal. This delay therefore is not on the

ground of individual lapse or oversight but,

purely on institutional/systemic grounds.

Mr. Agarwal, Learned Counsel, appears

for the Respondents and raises objection to the

prayer for condonation of delay.

Mr. Agarwal submits that a day's

accommodation be granted to enable his

Learned Senior Counsel to assist this Court on

the next date.

Having regard to the above recorded facts

and the submissions of the parties, let the

matter be posted for consideration next week

under the same heading "Application (Service

Matters)"

All parties to act on a server copy of this

order duly collected from the official website of

the Hon'ble High Court, Calcutta.

(Subhasis Dasgupta, J.) (Subrata Talukdar, J.)