Aswini Kumar Sarkar & ANR v. The State Of West Bengal & ORS

ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE IA NO.GA/3/2021 IN APOT/67/2018 ASWINI KUMAR SARKAR & ANR.

Versus

THE STATE OF WEST BENGAL & ORS.

IA NO.GA/4/2021 IN APOT/67/2018 ASWINI KUMAR SARKAR & ANR.

Versus

THE STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM SINHA And The Hon'ble JUSTICE SUVRA GHOSH Date : 2nd March, 2021 Appearance:

Mr.Debdutta Basu, Adv.

for the applicants Mr.Aditya Chaturvedi, Adv.

for Calcutta Tramways Company The Court : Mr. Basu, learned advocate appears on behalf of applicant and submits, by order dated 11th February, 2020, the applications for condonation of delay as well as the appeals were dismissed for default. The explanation is in paragraph 6 to effect that his daughter was ill, which caused him to be away from Court. There is averment as well that he obtained information about the dismissal on the day itself. He submits further, soon after the dismissal there was lock down and the application filed thereafter as soon as it was possible. Mr. Chaturvedi,

learned advocate appears on behalf of Calcutta Tramways Company (1978) Limited and leaves it to Court.

The explanation taken with facts of the lock down on pandemic covid 19 disrupting Court proceedings and Supreme Court having taken suo motu cognizance of it in relation to limitation, makes us inclined to and we do allow the applications. Order dated 11th February, 2020 is recalled. The applications for condonation of delay are restored to file and number. List the condonation applications on 16th March, 2021 as prayed for by Mr. Basu.

(ARINDAM SINHA, J.) (SUVRA GHOSH, J.) sb.