Dilip Kumar Mukherjee vs The State Of West Bengal & Ors
2022 Latest Caselaw 3686 Cal

    32.
29-06-2022
 debajyoti
(Ct. no.06)
                           FMA 2269 of 2014
                                   +
              IA NO:CAN/1/2014 (Old No:CAN/2564/2014)
                            (not in the file)
                                   +
                 CAN/2/2014 (Old No:CAN/10159/2014)
                                   +
                 CAN/3/2014 (Old No:CAN/10161/2014)

                            Dilip Kumar Mukherjee
                                       Vs.
                          The State of West Bengal & Ors.

                Mr. Soumya Majumdar,
                Mr. Amritam Mandal,
                Ms. Ananya Chakraborty,
                Ms. Shipra Naskar
                                     ... For the Appellant.

                Mr. Srijan Nayak,
                Mrs. Rituparna Maitra
                                         ... For the State.


                               Re : CAN 10159 of 2014


                  MAT 51 of 2014 (since re-numbered as FMA 2269 of
              2014) was dismissed as barred by limitation on February
              28, 2014.   Nobody had appeared for the appellant on
              that date. A coordinate Bench found that according to
              the Additional Stamp Reporter's report dated January
              18, 2014, there was four days' delay in filing the appeal.
              However, there was no application for condonation of
              delay.   For that reason, the appeal was dismissed as
              barred by limitation.


                  This application has been taken out for recalling of
              the order dated February 28, 2014.


                  Having heard learned advocates for the parties (the
              bank is not represented in spite of service of notice) and
                                                         2




considering the facts and circumstances of the case, we
deem it appropriate to allow this application.


    The order dated February 28, 2014 is recalled. CAN
10159 of 2014 is, thus, disposed of.


                 Re : CAN 10161 of 2014


    This is an application for condonation of delay of
four days in filing the appeal.      Causes shown being
sufficient, the delay is condoned.


    CAN 10161 of 2014 is, thus, allowed.


               Re : CAN 2564 of 2014


    This is an application for stay of operation of the
impugned judgment and order.         There is no scope for
passing any stay order or any other interim order. The
appellant's writ petition was dismissed on merits.    The
appeal has to be heard.


    CAN 2564 of 2014 is disposed of.


    Let informal paper books be filed incorporating all
papers that were available before the learned Single
Judge within a period of four weeks from date.         Let
copies of the informal paper books be made available to
learned advocates for the other parties.


    All formalities, including service of notice of appeal
upon the respondents, are dispensed with insofar as the

State is concerned and the appeal is treated as ready as regards service on the State.

So far as the bank is concerned, department is directed to serve notice of appeal upon them by Registered Post with Acknowledgement Due forthwith.

As requested by learned advocate for the appellant, list the appeal on August 10, 2022.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Rai Chattopadhyay, J.) (Arijit Banerjee, J.)