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Calcutta High CourtCRMSPL/166/2018dismissed for non prosecution

Reg P F Comm, Epf Org v. M/S Kish Engg Pvt Ltd & ANR

2022-03-15Hon'Ble Justice Bibek Chaudhuri1 pages

C.R.M.S.P.L. 166 of 2018 Court No.

Item 25 sk 1A. No. CRAN/1/2019(Old No. CRAN/2463/2019), CRAN/2/2019(Old No. CRAN/4038/2019) 15.03.

In the matter of:

Regional Provident Fund Commissioner, Employees' Provident Fund Organization. By an order dated 18th December, 2020, the petitioner was directed to serve a copy of the application under Section 5 of the Limitation Act upon the opposite parties. However, the record does not show any such service upon the opposite parties. The application for special leave to appeal was filed after the period of limitation on the ground of inadequacy sentence. On perusal of the impugned judgement, and in view of the fact that the petitioner has not taken any step as well as the application for special leave to appeal is barred by limitation, I am not inclined to grant leave to prefer an appeal against the impugned judgment dated 10th June, 2017.

The application under Section 5 of the Limitation Act is dismissed for non-prosecution.

The application for special leave to appeal is also dismissed being barred by limitation.

With the application for special leave to appeal being dismissed, connected applications were also dismissed. (Bibek Chaudhuri, J.)