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Calcutta High CourtRVW/250/2022dismissed

The Comissioner Of Wakfs v. Syed Amirul Islam And ORS

2023-03-01Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

S/L 181 01.03.2023 Court No.652 SD RVW 250 of 2022 With CAN 1 of 2022 In CO 489 of 2020 The Commissioner of Wakfs Vs.

Syed Amirul Islam & Ors.

Sk. Md. Galib Ms. Tanwishree Mukherjee ... for the Applicant.

Md. T.M. Siddiqui Mr. Suddhadev Adak ... for the Opposite Party Nos.1 & 2.

This is an application for review of the order dated 28.9.2022 whereby this court was pleased to dismiss the revisional application of the petitioner with a costs of Rs.50,000/- which the petitioner was directed to pay to the opposite parties within a period of four weeks from the date of communication of the order.

Now, the petitioner seeks for exempting them for paying the costs imposed upon them on the ground that the cost of Rs.50,000/- as imposed is punitive by nature and passed against a statutory body, whose principal source of income is from contribution and that delay in disposed of original suit cannot be attributed to the petitioner herein and that imposing of cost of causing delay, if any, cannot be punitive in nature.

Learned counsel appearing on behalf of the opposite parties raised objection.

Having considered the facts and circumstances of the case and on hearing the submissions made by the parties, I do not find any substance in the prayer for review and/or recalling that particular portion of order.

Accordingly, RVW 250 of 2022 along with CAN 1 of 2022 are dismissed.

(Ajoy Kumar Mukherjee, J.)