M/S Naveen Steels v. State Of West Bengal And ORS

28.04.2025 Court No. 2 Item No. 51 AGM Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 989 of 2025 M/s. Naveen Steels

Versus

The State of West Bengal & Ors.

Mr. Dhiraj Lakhotia.

Ms. Radhika Agarwal.

Ms. Meghna Joshi.

Ms. Khushi Kundu.

......for the petitioner.

Mr. Pretom Das.

Ms. Rima Sarkar.

... For the State.

1.

Affidavit-of-service filed in Court today be kept with the records.

2.

The petitioner prays for extension of time for filing the appeal.

3.

The petitioner, with the intent to act in accordance with the order passed by the Hon'ble Division Bench, approached the authority after six months.

4.

The petitioner has averred in the writ petition that immediately after the order was passed by the Hon'ble Division Bench, steps were taken to prefer appeal but there is no proof in support of the said statement. The first proof in support of the submission of the petitioner to approach before the appellate authority is after six months from the date of

the appeal Court's order. The respondent authorities are not accepting the appeal.

5.

It appears that by order dated 15th April 2024 the Hon'ble Division Bench in MAT 12 of 2024 with CAN 1 of 2024 and CAN 2 of 2024 granted leave to the petitioner to file appeal within seven days from the said date. The same has not been done.

6.

It appears that as time limit was fixed by the Hon'ble Division Bench within which the petitioner ought to have applied before the statutory appellate forum, it will be absolutely improper for the Single Bench to extend the time.

7.

It will be open for the petitioner to approach the Hon'ble Division Bench for remedy, if so advised.

8.

The writ petition stands disposed of.

9.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)