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Calcutta High CourtMAT/918/2023disposed

The State Of West Bengal And ORS. v. Premananda Ghatak And ANR.

2023-09-20Hon'Ble Justice Soumen Sen,Hon'Ble Justice Prasenjit Biswas3 pages

Ct-08 ar 20.9.2023 MAT 918 of 2023 with I.A No. CAN 1 of 2023 CAN 2 of 2023 The State of West Bengal & Ors.

Vs.

Premananda Ghatak & Anr.

Mr. Sanjib Das ... For the State/Appellants Re: CAN 1 of 2023 (Condonation of Delay)

1. There is a delay of 731 days in presenting the memorandum of appeal.

2.

We are satisfied with the explanation offered for not being able to file the memorandum of appeal within the statutory period, we are inclined to condone the delay in presenting the memorandum of appeal.

3. The application for condonation of delay is, thus, allowed without any order as to costs.

4. CAN 1 of 2023 is thus disposed of.

Re: MAT 918 of 2023

1. We have heard the learned counsel appearing for the State/Appellants.

2. In view of the order passed in MAT 825 of 2020 (Md. Adeel Uz Zaman Vs. State of West Bengal & Ors.) on 11th February, 2021 by a coordinate bench this appeal being MAT 918 of 2023 stands disposed of.

3. In view of disposal of the appeal nothing remains to be decided in the application for Stay being CAN 2 of 2023 and the same is accordingly disposed of.

4. However, there shall be no order as to costs.

5. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Prasenjit Biswas, J.) (Soumen Sen, J.)