Shri Narayan Prasad Sharma Proprietor Of M/S Shyam Trading Co. v. Union Of India And ORS.

09.07.2024 Item No. 17 PG/S. Banerjee Ct. No.1 R.V.W. 188 of 2024 In M.A.T. 764 of 2024 Shri Narayan Prasad Sharma

Versus

Union of India & Ors.

Mr. Debasish Ghosh Ms. Saberi Saha......for the review applicant Mr. Om Narayan Rai Mr. Tapan Bhanja ......for the Union of India Mr. K.K. Maiti Ms. Aishwarya Rajyashree......for the respondent

1. We have heard the learned advocates for the parties. There is delay of 13 days in filing the review application. After hearing the learned advocates for the parties, the delay in filing the review application is condoned.

2. This review application is filed to review the judgment and order dated 14th May, 2024 in M.A.T. 764 of 2024. By the said order, the order passed by the learned Single Bench was affirmed by relegating the applicant to file a statutory appeal.

3. The learned advocate for the review applicant submits that one opportunity should be granted to the applicant to go before the original authority.

4. While dismissing the appeal in our order dated 14th May, 2024, we have recorded that the issues involved in

the case require adjudication into facts, much of which is disputed.

5. Therefore, we grant liberty to the applicant to go before the appellate authority in terms of the directions contained in paragraph 4 of the judgment dated 14th May, 2024 and before the appellate authority, the review applicant will be entitled to plead and seek for a remand to the original authority. Accordingly, the review application is disposed of and the time for filing the appeal is extended by four weeks from the date of receipt of server copy of this order.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)