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2023 Supreme(Cal) 200

ARIJIT BANERJEE, APURBA SINHA RAY
Sipra Kanji – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates appeared:
For the Appellant:Achintya Kr. Banerjee, R. Chakraborty, M. Ahmed, Advocates.
For the Respondents:Alok Kr. Ghosh, B. Mukherjee, Arijit Dey, Advocates.

JUDGMENT

Apurba Sinha Ray, J.

1. An application for review of the judgment and order dated 12.01.2010 delivered in MAT No. 1118 of 2009 has been filed on the grounds, interalia:-

    a) that the application has been necessitated in view of the discovery of new and important matter or evidence which, even after the exercise of due diligence was not within the knowledge of the applicant for which the same could not be produced at the time when the impugned order dated 12.01.2010 was passed by the Hon’ble Division Bench in MAT No. 1118 of 2009,

    b) that there is an error apparent on the face of the order dated 12.01.2010 passed in MAT No. 1118 of 2009. While recording that there were four other OBC candidates at serial No. 55, 57, 61 and 66 of the General List who are above the applicant as OBC candidates, the Hon’ble Division Bench did not consider that in fact no documents are available with the respondent No. 1 to classify those candidates as employment exchange sponsored OBC candidates and thus mere version of the respondent No. 1 ought not to be accepted,

    c) that in view of the contents of the letter dated 23.04.2013 issued by the respondent No. 1

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