The State Of West Bengal & Ors vs Satyabrata Giri & Ors
2022 Latest Caselaw 8052 Cal

   D/L
Item No 7
05.12.2022
 KOLE
                              MAT 1041 of 2022
                                   With
                            IA No. CAN 1 of 2022
                                   With
                            IA No. CAN 2 of 2022

                         The State of West Bengal & Ors.
                                    -Vs.-
                            Satyabrata Giri & Ors.


             Mr. Chaitali Bhattacharyya,
             Mr. Mrinal Kanti Ghosh,
                                                       ... for the appellants.

             Mr. Binoy Kr. Das,
                                                 ... for the respondent No. 1.

In Re: CAN 1 of 2022 in MAT 1014 of 2022

This is an application for condonation of delay of 348

days in filing the appeal.

Although the delay is substantial, considering the

facts and circumstances of the case and the explanation

furnished, we condone the delay.

CAN No. 1 of 2022 is accordingly disposed of.

In Re: MAT 1014 of 2022 with CAN 2 of 2022

By consent of the parties the appeal and the

applications are taken up for hearing together.

Affidavits in reply filed on behalf of the appellants in

connection with the application for condonation of delay as

also in connection with the stay application, be kept with the

records.

This appeal is directed against a judgment and order

dated July 9, 2019, whereby WP No. 21101 (W) of 2017 was

allowed by the learned Single Judge. It appears that there

was some defect in the affirmation of the affidavit in

opposition that was presented on behalf of the State. On

that ground, the learned Judge took such opposition off the

record. Having done so, the learned Judge passed the

impugned order on the principle of non-traverse observing

that there was no affidavit in opposition in the eye of law.

Being aggrieved, the State has come up in appeal.

We are told that the State has also made an

application before the learned Single Judge for recalling of

the order which has been challenged in this appeal. Such

application is being heard. Affidavits have been exchanged

in such application.

In view of the aforesaid, we are not inclined to

entertain this appeal. The appellants cannot proceed

parallelly before two fora. The appellants will be at liberty

to pursue the recalling application before the learned Single

Judge. Needless to say if the appellants do not succeed in

the recalling application, they would still have the chance to

challenge such order as also the parent order by way of

appeal, subject to the question of limitation.

The appeal and the connected applications are

disposed of.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)