Mithu Mukhopadhyay vs The State Of West Bengal & Ors
2023 Latest Caselaw 6086 Cal

Court No. 22           IN THE HIGH COURT AT CALCUTTA
12.9.2023

Constitutional Writ Jurisdiction Appellate Side (Item No. 1) (AB) W.P.A. 1846 of 2004 + CAN 2 of 2021 Mithu Mukhopadhyay VS The State of West Bengal & Ors.

Mr. Biswarup Biswas .... For the petitioner Mr. Pritam Chowdhury .... For the State

In Re: CAN 2 of 2021

This is an application for restoration of a writ

petition which was dismissed for default on April 17,

2015. The restoration application was taken out on

or about January 5, 2021, more than even five years

and nearly about six years. There is no separate

application filed seeking condonation of such delay.

Mr. Biswarup Biswas, learned counsel for the

writ petitioner/applicant submits that, in view of the

Division Bench judgment In the matter of: Maruti

Real Estate Pvt. Ltd. Vs. Life Insurance

Corporation of India reported at 2008(1) CHN 442

there is no requirement for applying for condonation

of such delay and no such prayer is required to be

made.

Such point shall be considered when the

matter shall be taken up next.

Learned counsel for the petitioner submits

that, Mr. Malay Kumar Roy, learned advocate has

appeared in the writ petition representing the State.

However, in view of the re-shuffling in the State panel

he is no more there in the panel.

In view of the above, Mr. Pritam Chowdhury,

learned State counsel present in Court is requested to

appear in the matter and hold the brief to assist this

Court henceforth both in the writ petition as well as in

this application. His appearance shall be regularized

by the office of the learned Government Pleader

forthwith.

The petitioner shall serve a copy of the writ

petition along with a copy of the restoration

application upon Mr. Chowdhury, learned State

counsel in course of tomorrow and shall file an

affidavit of service when the matter shall be taken up

next.

The restoration application shall appear under

the heading "Application" on September 19, 2023.

(Aniruddha Roy, J.)