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2007 Supreme(Cal) 444

PRANAB KUMAR DEB, DEBIPRASAD SENGUPTA
Carrit Moran And Co. Pvt. Ltd. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


JUDGMENT

1. This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 3 days in preferring this appeal against the order dated 3rd May, 2007 passed in W.P. No. 1565 of 2006.

2. We have heard the learned Advocates for the parties. We have also examined the application under Section 5 of the Limitation Act. The delay has been sufficiently explained and the explanation given in the application is quite satisfactory and convincing.

3. The learned Advocate appearing for the respondent, in his usual fairness,does not oppose such prayer for condonation of delay.

4. Accordingly, we allow the application under Section 5 of the Limitation Act, being GA No. 1705 of 2007 and condone the delay as aforesaid. The certified copy of the impugned order is filed in Court today by the learned Advocate for the appellant which may be kept with the records.

5. There will be an order in terms of prayer (a) of application.

6. After hearing the learned Advocates for the respective parties, we are of the view that this appeal can be disposed of finally and accordingly, with consent of the learned Advocates for the respective parties, we take up the matter for final disposal.

7.









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