Dr. Shibendu Kumar Ghosh v. Association Of Physicians Of India And ORS

11th February, (AK) F.M.A.T 117 of 2024 IA No: CAN 1 of 2024 Dr. Shibendu Kumar Ghosh Vs.

Association of Physicians of India and others Mr. Biswajit Hazra Mr. Archisman Sain ...for the appellant.

Mr. Saptansu Basu, Snr. Adv.

Mr. Debabrata Sen ...for the respondent nos.1, 2 & 3.

Mr. Arun Kumar Das ...for the respondent nos. 4 & 5.

1.

Learned senior counsel appearing for the respondent nos. 1 to 3 attracts the attention of the court to the order dated January 28, 2025 where the facts of the case were substantially recorded. 2.

Also, learned counsel for the appellant submits on instruction that the appellant does not want to proceed further with the appeal.

3.

As rightly contended by learned senior counsel for the respondent nos.1, 2 and 3, the appeal has, in any event, become infructuous in view of the present challenge being preferred against an ad interim order whereas the main temporary injunction application has been finally disposed of since.

4.

Moreover, in the absence of any application for condonation of delay, the appeal, which is otherwise time-barred, also is non-est in the eye of law.

5.

Accordingly, FMAT 117 of 2024 is dismissed as time-barred. CAN 1 of 2024 is also consequentially dismissed.

6.

There will be no order as to costs.

7.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)