Protech Infosystems Private Limited v. State Of West Bengal And ORS.

30.03.2022.

p.b.

Sl. No.15.

W.P.A. 4220 of 2022 Protech Infosystems Pvt. Ltd.

Vs.

State of West Bengal & Ors.

Mr. Suryaneel Das.

........for the petitioner.

Ms. Rajashree Venkat Kundalia, Ms. Manasi Mukherjee.

........for the respondent.

Mr. A. Ray, Mr. T. M. Siddiqui, Mr. D. Ghosh.

........for the State.

Heard learned advocates appearing for the parties. Petitioner has filed this writ petition being aggrieved by the action of the respondent authorities concerned not allowing it to file application for revocation of the impugned order of cancellation of its registration dated 5th February, 2020 or to file any appeal against the aforesaid impugned order dated 5th February, 2020 on the ground of statutory bar by way of limitation.

Learned advocate appearing for the petitioner submits that he should be allowed to either file application for revocation against the impugned order of cancellation of its registration or to file appeal against the same since on the issue of limitation petitioner it is protected by the order of the Hon'ble Supreme Court dated 10th January,

2022 in Miscellaneous Application No.21 of 2022, Miscellaneous Application No.665 of 2021 and Suo Motu Writ Petition (c) No.3 of 2020 by which period for the purpose of limitation, Hon'ble Supreme Court has clarified that from 15th March, 2020 till 20th February, 2022 shall be excluded.

Considering the submission of the parties and taking into consideration the aforesaid order of the Hon'ble Supreme Court, I allow this writ petition by granting liberty to the petitioner to file appeal physically before the appellate authority concerned against the aforesaid impugned order dated 5th February, 2020 within two weeks from date and if such appeal is filed by the petitioner within the time stipulated herein, appellate authority concerned shall consider and dispose of the said appeal on merit and will not insist on the point of limitation.

With this observation and direction, this writ petition being WPA No.4220 of 2022 stands disposed of. (Md. Nizamuddin, J.)