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1994 Supreme(Cal) 48

Manashnath Roy, Sunil Kumar Guin
Regional Pasengers Association – Appellant
Versus
Haripal Jangipur Rajbalhat Bus Syndicate – Respondent


Advocates:
Advocate Appeared:
Parthapratim Mukherjee, Atdul Rahim for the appellant
Mritunjoy Kumar Palit for the respondents
Moloy Kumar Basu amicus curiae.

JUDGMENT

M. N Roy, J.: The appeal, in which this application for appropriate interim order has been filed, was presented on 25th July, 1988, against the judgment and order passed in C.O. No. 11767 (W) of 1987, by a learned single Judge of this Court.

2. On such presentation, the Stamp Reporter has opined that the appeal has been filed in time, Calculating the period of limitation as 60 days. Such report has been made on the basis of an order dated 14th February, 1989, made in an application for stay which was filed on 29th November, 1988, in F. M A. T. No. 3695 of 1988 and where a Division Bench of this Court, following the determinations in the case of Rabindra Nath Chakraborty v. Union of India & ors., 1976 CHN 515, has observed that the period of limitation for filing appeal from a judgment in a writ petition, under the provisions of clause 15 of the Letters Patent, the Limitation Act, 1963 or the Appellate Side Rules, would be 60 days.

3. Since a point arose as to what should be the period of limitation and whether the same should be 30 days or 60 days, Mr. Malay Kumar Basu, a learned Advocate of this Court was requested to act as amicus curiae, to help and assist this Court and s


















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