Piyali Bhaduri vs State Of West Bengal & Ors
2022 Latest Caselaw 2483 Cal

29.04.2022.

Court No.13

    pk                    W.P.A. No. 19893 of 2012
                                    With
                            CAN 12243 of 2014
                                    And
                            CAN 12244 of 2014


                                Piyali Bhaduri
                                    Versus
                         State of West Bengal & Ors.

                 Mr. Samim Ahammed,
                 Ms. Ambiya Khatun
                                               ...For the petitioner.
                 Mr. Biswajit De,
                 Ms. Rajlakshmi Ghatak
                                                     ..For the State

In Re: CAN 12244 of 2014 (Sec.5)

This is an application filed under Section 5 of

the Limitation Act, 1963, for condonation of delay of

about 169 days in filing the restoration application.

Having heard the learned Advocate appearing on

behalf of the respective parties, as also considering the

statements made in the said application, I am satisfied

with the grounds indicated therein, explaining delay of

169 days in preferring the restoration application.

The application for condonation of delay being

CAN 12244 of 2014 is, thus, allowed and disposed of.

There will be, however, no order as to costs.

In Re: CAN 12243 of 2014 (Restoration)

Sufficient grounds are available to explain the

absence of the petitioners and/or their Counsel on

01.07.2014.

The said order is recalled and the writ petition is

restored to its original file and number.

Accordingly, CAN 12243 of 2014 is disposed of.

There will be, however, no order as to costs.

In Re: W.P.A No. 19893 of 2012

It is submitted by Mr. Samim Ahammed, learned

advocate appearing for the petitioner, that the issues

in the writ petition are covered under a decision of the

Division Bench of this Court in the case of Chandana

Manna @ Chandana Porey Vs. State of West Bengal

in MAT 1569 of 2014 disposed of by judgement and

order dated 27.01.2015.

For the reasons already recorded in the

aforesaid judgement of the Division Bench, WPA

19893 of 2012 shall stand disposed of.

The directions passed in the said judgement, i.e.

Chandana Manna (supra) shall apply to the instant

writ petition.

Copy of the judgment of the Division Bench is

kept with the record.

All parties are directed to act on a server copy of

this order duly downloaded from the official website of

this Court.

(Rajasekhar Mantha, J.)