Mitali Kar (Sarkar) vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1661

IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PRASENJIT BISWAS
Mitali Kar (Sarkar) – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellant : Mr. Biswarup Biswas, Mr. Mojnu Sk, Mr. Sk Morshed Ali,
For the Respondent: Mr. Ayan Banerjee, Ms. Debapriya Chatterjee, Mr. Anupam Das Adhikary, Mr. Krishnendu Pau Chowdhuruy.
For the Union of India : Ms. Rashmi Bothra

judgment :

Prasenjit Biswas, J.

1. The Key issue involved in this appeal is whether the learned Single Bench of this Court was justified in allowing the application for condonation of delay subject to payment of cost of Rs. 50,000/-.

2. Being aggrieved and dissatisfied with the impugned order passed by the learned Single Bench of this Court dated 14.12.2023 in connection with W.P.A 19320 of 2010 the present appellant has preferred this instant appeal.

3. Mr. Biswarup Biswas learned Counsel appearing on behalf of the appellant submitted that the learned Single Judge erred in law in allowing the application filed under Section 5 of the Limitation Act with a prayer for condonation of delay on condition of payment of cost of Rs. 50,000/- without going into the merits of the case of this appellant. It is further submitted that the Single Bench was not justified in imposing the cost of Rs. 50,000/- to the appellant for allowing the application for condonation of delay filed in connection with recalling the order of dismissal of the writ application dated 18.08.2017. As per submission of the learned Counsel the present appellant is not at all negligent in persuading the case which was pending