ORDER

Leave granted.

We have heard learned counsel on both sides.

2. The learned single Judge of the High Court of Calcutta exercising the power under Article 226 of the Constitution in Civil Order No. 241(W) of 1992 directed the appellant to grant registration in terms of the West Bengal Cinemas Development Scheme, 1976 and to grant subsidy to the respondents as per the said scheme. The appellant and carried the matter in appeal against the said order in FMAT No. 3244/92 with an application for stay of the operation of the order. We are informed that the appeal is pending. Pending appeal the respondent had taken out contempt proceedings against the appellant for non-enforcement of the direction issued by the learned single Judge. Against the contempt notice, the appellants have filed a Letters Patent Appeal to the Division bench. The Division Bench in the impugned order dated November 4, 1994 passed the order as under :

"Having heard the learned counsel for the parties we are of the opinion that the delay in filing this appeal being not condonable as section 5 of the Limitation Act does not apply the appeal is dismissed. The application under the Limitation Act is also dismissed