Sibani Sen v. Municipal Commissioner, Kolkata Municipal Corporation & ORS

21.03.2025 Sl. No.: 23 Court No.30 BM WPA 4960 of 2020 + IA No.: CAN 1 of 2024 + IA No.: CAN 2 of 2024 Sibani Sen Vs.

Municipal Commissioner, The Kolkata Municipal Corporation & Ors.

Mr. Siddheswar Chandra Mr. Sandip Dutta Mr. Sudeshna Das ... for the petitioner Mr. Achintya Kumar Banerjee Mr. Gopal Chandra Das ... for the K.M.C IA No.: CAN 1 of 2024 preferred under Section 5 of the Limitation Act pending till date is taken up for hearing.

By the instant application, the petitioner has prayed for condonation of delay in filing the application for recalling. It is the contention of the petitioner that the petitioner was not aware of the order of the court and as such in the interest of justice, he has prayed for said condonation of delay.

Considering the grounds as made out and in the interest of justice, the application for condonation of delay is allowed on the delay being condoned.

Application for condonation of delay being IA No.: CAN 1 of 2024 is disposed of.

IA No.: CAN 2 of 2023 is moved praying for recalling the order dated 27.06.2024 by which the writ application was dismissed for default.

Considering the grounds as made out and in the interest of justice the order dated 27.06.2024 is hereby recalled.

WPA 4960 of 2024 is restored to its file and number.

IA No.: CAN 2 of 2024 is accordingly disposed of.

Matter be fixed for hearing in the monthly list of May, 2025.

Parties are at liberty to file a short note of written argument along with the judgements relied upon, if any, on the next date of hearing.

( Shampa Dutt (Paul), J. )