The State Of West Bengal vs Jahar Ganguly
2022 Latest Caselaw 5883 Cal

25.08.2022
Court No.32
 rpan/04
                              FAT 81 of 2019
                                      +
                   IA No.: CAN 1 of 2019 (Old No.: CAN 2292 of 2019)
                                       +
                  IA No.: CAN 2 of 2019 (Old No.: CAN 2356 of 2019)

                            The State of West Bengal
                                   - Versus -
                                Jahar Ganguly

                    Mr. Supratim Dhar,
                                  ... for the Appellant.
                    Mr. Sayan Mukherjee
                                  ... for the Respondent.

In Re.: IA No.: CAN 1 of 2019 (Old No.: CAN 2292 of 2019)

Mr. Mukherjee, learned advocate appearing on

behalf of the respondent files an affidavit-in-opposition in

connection with the application under Section 5 of the

Limitation Act.

The present appeal has been filed challenging the

judgment and decree dated 31st May, 2016 and 9th

August, 2016 respectively passed by the learned Special

Land Acquisition Judge, Additional District Judge, 1 st

Court, Alipore, 24-Parganas (South) in L.A. Case No.57 of

2007(V).

The report of the Additional Stamp Reporter dated

25th February, 2019 indicates that there is a delay of 904

days in preferring the present appeal.

We have heard the advocates for the respective

parties. We are of the opinion that the dismissal of the

appeal at this stage on the ground of limitation may cause

serious prejudice to the appellant. We have considered

the averments made in the application. We find that the

delay has been explained. But at the same time the

respondent needs to be compensated. As such we

condone the delay of 904 days in preferring the present

appeal upon payment of cost of Rs.10,000/- to be paid by

the appellant to the respondent. Such cost must be paid

by two weeks.

In the event the aforesaid cost is not paid, the order

passed in the present application for condonation of delay

will automatically stand recalled.

The application under Section 5 of the Limitation

Act, being IA No.: CAN 1 of 2019 (Old No.: CAN 2292 of

2019) is allowed.

In Re.: IA No.: CAN 2 of 2019 (Old No.: CAN 2356 of 2019)

In connection with the aforesaid appeal an

application, being IA No.: CAN 2 of 2019 (Old No.: CAN

2356 of 2019), has also been filed by the appellant, inter

alia praying for stay of operation of the judgment and

decree impugned.

We have heard Mr. Dhar, learned advocate

appearing in support of the aforesaid application. He

submits that unless the aforesaid judgment and decree is

stayed, the appellant shall suffer irreparable loss.

Mr. Sayan Mukherjee appears for the respondent.

We have heard the learned advocates appearing for

the respective parties and considered the averments made

in the application and the materials on record. We are of

the view that an interim order is required to be passed on

appropriate terms. There shall be an unconditional stay

in L. A. Execution Case No.14 of 2019 for a period of four

weeks from date. The appellant is directed to deposit the

entire decretal amount, as determined by the learned

Special Land Acquisition Judge, Additional District

Judge, 1st Court, Alipore, 24-Parganas (South) in L.A.

Case No.57 of 2007(V) within a period of four weeks from

date with the learned Registrar General, High Court,

Calcutta.

In the event the entire decretal amount is deposited

with the learned Registrar General, the interim order passed

herein shall continue till disposal of the appeal and the

aforesaid amount shall be invested by the learned Registrar

General in a suitable interest bearing fixed deposit in any

nationalized Bank of his/her choice to be renewed from time

to time till disposal of the appeal.

In default, the respondent would be at liberty to

proceed with the execution case.

The application for stay, being IA No.: CAN 2 of 2019

(Old No.: CAN 2356 of 2019) is, accordingly, disposed of.

In Re.: FAT 81 of 2019

Let the hearing of the appeal be expedited.

As Mr. Mukherjee, learned advocate enters

appearance on behalf of the respondent/claimant, service

of notice of appeal upon the said respondent is dispensed

with.

Lower Court Records be called for through the

Special Messenger at the cost of the appellant. Such cost

shall be deposited within seven days from date.

Immediately after arrival of the Lower Court

Records, the office shall examine the same and, if found

complete shall issue notice of arrival of Lower Court

Records to the learned advocates representing the

parties.

The appellant is directed to prepare and file

requisite number of informal paper books-printed,

typewritten or cyclostyled, as the case may be, out of

court, within six weeks from the date of service of notice

of arrival of Lower Court Records and shall file the same

after serving a copy thereof upon the learned advocate

appearing for the respondent.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellant is directed to incorporate all the relevant

documents in the informal paper books.

Immediately upon filing of the paper books, the

office shall put a seal that the appeal is ready for hearing.

Liberty to mention.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance of

all requisite formalities.

(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)