Citation : 2023 Latest Caselaw 168 Tri
Judgement Date : 17 February, 2023
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
I.A. No.01/2023 in W.A. No.17/2023
Tripura Other Backward Classes Co-operative Development Corporation Ltd.
& others
.........Applicant(s).
VERSUS
Shri Sabyasachi Kar & others
.........Respondent(s).
For Applicant(s) : Mr. Biswanath Majumder, CGC.
For Respondent(s) : None.
HON'BLE THE CHIEF JUSTICE MR. JASWANT SINGH HON'BLE MR. JUSTICE ARINDAM LODH
Order 17/02/2023 (Jaswant Singh, C.J.)
The prayer in the instant application is for condonation of 30
days delay in filing the intra-Court appeal directed against the order dated
09.12.2022 passed by the learned Single Judge.
Heard Mr. Biswanath Majumder, learned CGC appearing for the
applicant/appellant on condonation of delay.
For the reasons stated in the application, the delay of 30 days
being significantly small, is condoned without notice to the respondents.
W.A. No.17/2023
Learned counsel for the appellant has referred to an undertaking
dated 05.05.2012 furnished by Sri Sabyasachi Kar/respondent No.1 (writ
petitioner), which is available on his personal file of employment, wherein he
has admitted execution of a document of letter of guarantee as security for the
loan availed by the principal loanee-Sri Santanu Das. The said document is
available at page 115-116 of the memo of writ appeal. It is thus contended
that the learned Single Judge has erred in deciding the issue in favour of the
respondents by illegally ignoring the impact of the aforesaid undertaking.
Issue notice to the respondents, returnable within four weeks.
Requisites be filed by the appellants.
List the matter [W.A. No.17 of 2023] on 16.03.2023 for further
consideration.
In the meanwhile, the operation of the impugned judgment and
order shall remain stayed.
(ARINDAM LODH), J (JASWANT SINGH), CJ Pulak
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