Vision Cell Private Ltd. v. State Of West Bengal And ORS.

08.12.2023 PB Sl. No.4.

WPA 2705 of 2023 With CAN 1 of 2023 Vision Cell Pvt. Ltd.

Vs State of West Bengal & Ors.

Ms. Sweta Mukherjee.

... For the Petitioner.

Mr. A. Ray, Mr. T. M. Siddiqui, Mr. T. Chakraborty, Mr. S. Sanyal.

......for the State.

Heard learned advocates appearing for the parties.

This is an application filed by the State respondent authority concerned making prayer for modification of the order dated 27th February, 2023, where some incorrect facts have been recorded on the submission of learned advocate appearing for the petitioner. As a gesture of fairness, petitioner should have immediately brought to the notice of this Court the said incorrect fact which has been recorded in the order dated 27th February, 2023 in passing direction upon the respondent authority concerned to pass adjudication order which was already passed on 30th July, 2022.

Considering the facts and circumstances of the case and submission of the parties, this application being CAN 1 of 2023 is disposed of by recalling the order dated 27th February, 2023 with liberty to the petitioner to file appeal against the aforesaid adjudication order, within two weeks from date and if such appeal is filed by the petitioner within the time stipulated herein, the same shall be considered and disposed of on merit by passing a reasoned and speaking order after giving opportunity of hearing to the petitioner or its authorized representatives in accordance with law without raising the point of limitation in filing the appeal.

( Md. Nizamuddin, J.)