Allahabad Bank v. State Of West Bengal & ORS

11.04.2023 Court No.35 Item no.115 sanjay

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION CRA 674 of 2012 With I.A. No.CRAN 1 of 2022 (old CRAN 3428 of 2012) Allahabad Bank Vs.

The State of West Bengal & Ors.

Re I.A. No.CRAN 1 of 2012 (old CRAN 3428 of 2012) None appears for the appellant.

This is an application for condonation of delay in filing the present appeal under Section 5 of the Limitation Act, 1963 for grant of an order condoning the period of delay. Since filing, no one appeared for the appellant. The application, as above, has never been moved before this Court. Today, even on the second call, no accommodation has been prayed for on behalf of the appellant.

Since this is not the stage for hearing of the appeal on merit, I do not find it necessary to appoint an amicus curiae in this matter for assistance of the Court. Instead the record is taken up in absence of parties for passing necessary orders. In view of the fact that the appeal pertains to the year 2012 and since then, no one appeared on behalf of the appellant, the appellant's prayer under Section 5 of the Limitation Act is taken up. The grounds pleaded therein are, however, not sufficient and cogent enough to consider the appellant's prayer

favourably.

Hence, the application being CRAN 1 of 2012 (old CRAN 3428 of 2012) is dismissed.

In view of the dismissal of the Section 5 application, the appeal being CRA 674 of 2012 is also dismissed. (Rai Chattopadhyay, J.)