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Calcutta High CourtFA/55/2024disposed

Bharat Petroleum Corporation Ltd. v. Kausik Ganguly And ORS

2025-06-18Hon'Ble Justice Soumen Sen,Hon'Ble Justice Smita Das De2 pages

15.07.2025 Sl No.20 Court No.8 (gc) FA 55 of 2024 CAN 5 of 2025 Bharat Petroleum Corporation Ltd.

Vs.

Kausik Ganguly & Ors.

Mr. Sanjib Kr. Mal, Mr. Bimalendu Das, Ms. Shomrita Das ...for the Appellant.

Mr. Debdatta Sen, Sr. Adv., Mr. Siddhartha Chatterjee, Ms. Suchismita Ghosh Chatterjee, Mr. Malay Kumar Seal ...for the Respondents.

Re: CAN 5 of 2025 1.

This is an application for extension of time to comply with the order dated 18th June, 2025.

2.

The reason for delay as pointed out by Mr.

Debdatta Sen, learned Senior Advocate opposing the application for extension of time appears to be that they were in contemplation in preferring a Special Leave Petition challenging the quantum of occupational charges.

However, the application for extension of time was filed on 7th July, 2025 being the last date for compliance of the order. A party can always decide to challenge an order before a higher forum and may require some time to consider the merits of the matter. The explanation offered in paragraphs 4 and 5 of

the application does not appear to be unintentional and hence we allow this application for extension of time subject to payment of occupational charges for the months of July and August, 2025 within 48 hours from date.

3.

Mr. Sanjib Kr. Mal, learned Advocate appearing on behalf of the petitioners handed over two demand drafts of Rs.2.70 lakhs each (after TDS) both dated 8th July, 2025 towards the occupational charges for July and August, 2025 to Mr. Malay Kr. Seal, learned Advocateon-record for the respondents in Court today. 4.

Since no affidavit-in-opposition is filed, all allegations are deemed to have been denied.

5.

Accordingly, the application being CAN 5 of 2025 is disposed of.

6.

However, there shall be no order as to costs. 7.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Soumen Sen, J.) (Smita Das De, J.)