AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 344 wordsBiswanath Somadder, J
In Re: CAN 8360 of 2019
This is an application under section 5 of the Limitation Act.
Having heard the learned advocates for the parties and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown by the applicant to explain the delay in filing of the appeal. As such, the delay is condoned. The application for condonation of delay is accordingly allowed.
In Re: MAT 1195 of 2019 with CAN 8361 of 2019
On the prayer of the learned advocate appearing on behalf of the appellant, leave granted for effecting correction in the cause-title of the Memorandum of Appeal and the connected applications.
By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
The instant appeal arises out of an interim order dated 13th June, 2019, passed by a learned Single Judge in W. P. 12253 (W) of 2018 (Rakib Sekh @ Rakib Seikh vs. State of West Bengal & Ors.).
The present appeal has been preferred by Gopal Chandra Das, being the added private respondent no.9 in the writ proceeding.
In an Intra-Court Mandamus Appeal, interference is usually warranted only when palpable infirmities or perversities are noticed on a plain reading of the impugned order. In the facts of the instant case, on a plain reading of the impugned order, we do not notice any such palpable infirmity or perversity, which would warrant any interference in respect of the order dated 13th June, 2019, which is an interlocutory order.
However, we make it clear that the order impugned shall not create any equity in favour of the writ petitioner and the main matter, i. e., W.P. 12253 (W) of 2018 shall be heard by the learned Single Judge expeditiously, subject of course, to the business of the Court permitting it to do so.
The appeal and the application for stay stand disposed of accordingly. Urgent photostat certified copy of this order, if applied for, be given to the parties.