Dr Sayak Mandal v. State Of West Bengal And ORS.

MAT 2382 of 2023 ItemCAN 1 of 2023 CAN 2 of 2023 11-03-2024 1.

Dr. Sayak Mandal Ct. 8 sg

Versus

State of West Bengal & Ors.

Mr. Shuvro P. Lahiri, Adv.

Mr. Rajesh Naskar, Adv.

...for the appellant

1. CAN 1 of 2023 is an application for condonation of delay. There is a delay of 61 days in preferring the memorandum of appeal.

2. Sufficient cause being shown for not being able to prefer the memorandum of appeal within the time of limitation, the delay of 61 days in filing the appeal is condoned.

3. The application for condonation of delay, being CAN 1 of 2023, is, accordingly, disposed of.

4. The learned Counsel for the appellant submits that he has received an instruction from the appellant on 5th March, 2024 that the appellant is not interested to proceed with the matter. In view of the fact that the Mission Director allowed the prayer for transfer, the appeal is disposed of by recording that since the prayer for transfer has been allowed in favour of the appellant during the pendency of the appeal, his grievance has been redressed by the Mission Director, no further order needs be passed in this appeal.

5. The appeal and the stay application are, accordingly, disposed of.

6. The written instruction dated 5th March, 2024 is kept with the record.

(Uday Kumar, J.) (Soumen Sen, J.)