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2012 Supreme(Cal) 77

ASHIM KUMAR BANERJEE, SOUMEN SEN
Barun Kumar Das – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Ashoke Kumar Bhattacharyya, Pratima Mishra, Uttam Majumdar, Pradip Kumar Dutta, Sumana Mukherji

JUDGMENT

SOUMEN SEN,J

1. THE petitioner filed this application for review of an order passed on 11th March, 2008 in FMA No.2159 of 2007. The said application was accompanied by an Application for Condonation of Delay of about 1298 days.

2. WE propose to dispose of the application filed for condonation of delay being CAN No.10607 of 2011 first before deciding the application for review.

3. THE petitioner is of advanced age and is a senior citizen. The petitioner submits that he has been diligent all throughout in pursuing the said appeal. After the said judgment was delivered he suffered from various physical and mental ailments. He also got in touch with the High Court Legal Service Committee for allotment of an Advocate to pursue the present proceeding and ultimately on 28th July, 2011, one Ms. Pratima Mishra was allotted the said work by the Legal Service Committee. Thereafter, Ms. Pratima Misra could not take any steps because of the ailment of her mother. The mother of the said advocate died on 22nd August, 2011. It is only after she resumed her work that the present review application was prepared and filed.

4. WE are satisfied with the explanation for not preferring the review




































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