An application for condonation of delay in filing an appeal (CAN 2 of 2019) was dismissed because the petitioner could not offer any ground to persuade the Court, noting the application was a reiteration of a rejected prayer from a Coordinate Bench.
The application (CAN 2 of 2019) is dismissed on the ground of limitation; no order as to costs.
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14.12.2020 SL No.2 Court No.12 (gc)
MAT 133 of 2019 With CAN 1 of 2019 (Old No. CAN 12503/2019) with CAN 2 of 2019 (Old No. CAN 12504 of 2019)
Jugal Kishore Manna Vs. The State of West Bengal & Ors.
(Via Video Conference)
Mr. Bhaskar Ch. Manna, …for the Appellant.
Mr. Amitava Chaudhuri, Ms. M. Caudhuri, Mr. N. Roy, …for the Respondent College.
Re: CAN 2 of 2019 (Old No. CAN 12504 of 2019)
The appeal is delayed by 1916 days.
This is an application for condonation of delay.
Mr. Bhaskar Ch. Manna, learned Counsel appearing for the appellant, has, however, candidly submitted that on 5th June, 2017, a Co-ordinate Bench dismissed the application for condonation of delay as no sufficient explanation was offered as to why the appellant did not apply for the certified copy of the impugned judgment and order within a reasonable period after 26th October, 2013. Thereafter an application was taken up being CAN 9000 of 2017 which was ultimately dismissed as withdrawn. This application is again a reiteration of the prayer that was
2
rejected by a Co-ordinate Bench and subsequent application was not pursued.
On such consideration, we are afraid that this application is not maintainable. Accordingly, this application being CAN 2 of 2019 (Old No. CAN 12504 of 2019) stands dismissed on the ground of limitation as even in this application we could not find any ground which could persuade us to hold in favour of the appellant.
However, there shall be no order as to costs.
All parties are to act on a website copy of this order on the usual undertaking.
(Saugata Bhattacharyya, J.)
(Soumen Sen, J.)
2 issues framed by the court
Whether an application for condonation of delay in filing an appeal is maintainable when the petitioner fails to offer any explanation for the delay.
Whether the absence of grounds to persuade the court justifies dismissal of a reiterated prayer for condonation of delay.
Jugal Kishore Manna
The State of West Bengal & Ors.
The Respondent College
Saugata Bhattacharyya
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
