Md. Selim Sk Vs State of West Bengal and Anr. — Calcutta HC (2025) — LawSathi Research

Md. Selim Sk Vs State of West Bengal and Anr. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay of three years three months and eleven days granted (CRAN 1 of 2022 allowed); interim directions issued: no process to be issued by Ld. CJM, Malda in the execution case concerning Case No. 281C of 2013; complainant/o.p. free to seek withdrawal of the deposited Rs. 1,25,000 subject to the outcome of the revision; petitioner to continue on the same bail and bond; Lower Court Records to be tagged; main revisional application listed under 'Contested Application' in the monthly list of June, 2024.

Issue for consideration

Whether the delay of three years three months and eleven days in filing the revisional application should be condoned (CRAN 1 of 2022). +1 more

Court's answer

The reasons assigned in the application under section 5 of the Limitation Act, together with the petitioner's conduct, being justified, the prayer for condonation of delay is allowed and CRAN 1 of 2022 is allowed.

Ratio / Principle

Taking into account the period of delay, the issue relating to liberty and the bonafideness shown by the petitioner by depositing the cheque amount, the revisional application is required to be heard out on merits.

Key takeaways

The complainant/o.p. is at liberty to take out an appropriate application before the trial court for withdrawal of the deposited sum of Rs. One lakh twenty five thousand, subject to the outcome of the present revisional application.ratio¶17
Ld. CJM, Malda is directed not to issue any process in regard to the execution case in connection with Case No. 281C of 2013.ratio¶20
The petitioner is to continue on the same bail and bond as earlier furnished before the ld. Appellate Court/trial court.

Detailed headnote1 paragraphs

High Court, Calcutta (Tirthankar Ghosh, J.), order dated 05.02.2024 in CRR 1087 of 2022 (Md. Selim Sk) with CRAN 1 of 2022: the delay of three years three months and eleven days in filing the revisional application was condoned under section 5 of the Limitation Act, the Judge taking into account the period of delay, the issue relating to liberty and the petitioner's bonafideness shown by depositing the cheque amount; CRAN 1 of 2022 allowed. A Supplementary Affidavit disclosed deposit of Rs. 1,25,000 in connection with Case No. 281C/2013; the complainant/o.p. was permitted to apply to the trial court for withdrawal of that sum subject to the outcome of the revision. Lower Court Records of both the Appellate Court and the trial court were ordered to be tagged; Ld. CJM, Malda was directed not to issue any process in the execution case concerning Case No. 281C of 2013; the petitioner was to continue on the same bail and bond; the matter was listed under 'Contested Application' in the monthly list of June, 2024.

05.02.2024 Serial no. 639 [G.S.D]

CRR 1087 of 2022

With

CRAN 1 of 2022

In the matter of : Md. Selim Sk

Mr. M. A. Sk Mr. S. Sarkar Ms. S. Ghorai

… for the petitioner

Mr. Biswajit Tiwari

CRAN 1 of 2022

CRAN 1 of 2022 is taken up for condoning the delay of three years three months and eleven days.

I have taken into account the period of delay, the issue relating to liberty and the bonafideness shown by the present petitioner by depositing the cheque amount and, as such, I am of the view that the revisional application is required to be heard out on merits.

Accordingly, the reasons so assigned in the application under section 5 of the Limitation Act along with the conduct of the present petitioner being justified, I am of the opinion that the prayer for condonation of delay should be allowed.

Accordingly, CRAN 1 of 2022 is allowed.

CRR 1087 of 2022

2

Ld. Advocate for the petitioner has submitted a Supplementary Affidavit, wherefrom it reflects that a sum of Rs. One lakh twenty five thousand has been deposited in connection with Case No. 281C/2013.

The complainant/o.p. would be at liberty to take out an appropriate application for withdrawal of the same before the trial court subject to the outcome of the present revisional application.

Let the Lower Court Records of both the Appellate Court and the trial court be tagged along with the records of the present revisional application.

Department is directed to take necessary steps.

Ld. CJM, Malda is directed not to issue any process in regard to execution case in connection with Case No. 281C of 2013.

The petitioner would continue on the same bail and bond as earlier furnished before the ld. Appellate Court/trial court.

Let the matter appear under the heading ‘Contested Application’ in the monthly list of June, 2024.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

(Tirthankar Ghosh, J.)