Mohit Kr. Maji & Ors vs Union Of India & Ors
2023 Latest Caselaw 7342 Cal

19.10.2023
Item No.7
Ct. No.5
CHC

                               F.M.A.846 of 2023
                              IA NO: CAN/1/2023
                                  CAN/2/2023

                              Mohit Kr. Maji & ors.
                                       Vs.
                              Union of India & ors.


               Mr. Samim Ahammed,
               Mr. Arka Maiti,
               Ms. Ambiya Khatun
                               ...for the appellants

               Mr. Shamim ul Bari,
               Ms.Reshma Chatterji
                               ...for the State

               Mr. Lakshmi Kumar Gupta,
               Mr. Arjun Roy Mukherjee,
               Mr. Bandhu Brata Bhula
                               ...for the respondent nos.4 to 6

In Re: CAN/1/2023

CAN/1/2023 is an application for

condonation of 35 days delay in filing the appeal.

State and respondent nos.4 to 6 are

represented.

For the ends of justice and on the basis of

the pleadings made in the application for condonation

of delay, we condone the delay in filing the appeal.

CAN/1/2023 is allowed.

In Re: CAN/2/2023

CAN/2/2023 is an application for seeking

stay of the impugned judgment and order.

By the impugned judgment and order,

learned First Court dismissed the writ petition.

The appellants were not enjoying any interim

order during the pendency of the writ petition.

In such circumstances, grant of any further

interim order at this stage does not arise.

CAN/2/2023 is disposed of by permitting

the appellants to prepare informal paper-book

incorporating all papers used before learned First

Court.

List the appeal in the Combined Monthly

List of December, 2023.

Appellants will serve a copy of the informal

paper-book on all the respondents and file affidavit-

of-service to such effect on the next date.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)