PIONEER CO OPERATIVE CAR PARKING SERVICING AND CONSTRUCTIONS SOCIETY v. UNION OF INDIA AND ORS.
FMA/135/2025 · 2025-01-21
Hiranmay Bhattacharyya, T S Sivagnanam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50625 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50625 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
31.01.2025 Item No.3 PG/KS Ct. No.1 F.M.A. 135 of 2025 Pioneer Co-operative Car Parking Servicing and Constructions Society Limited Versus Union of India & ors. Mr. Vinay Kr. Shraff Mr. Dev Aggarwal…………..… for the appellant Md. T.M. Siddique Mr. Tanoy Chakraborty Ms. Sumita Shaw Mr. Saptak Sanyal……………..for the State
1. This matter has been listed under the caption ‘To Be Mentioned’. It is submitted by Mr. Shraf, learned advocate for the appellant that the Court, while dismissing the appeal by order dated January 21, 2025,
directed the appellant to file a statutory appeal within a period of 30 days from the date of receipt of server copy of this order and if such appeal is filed, the appellate authority was directed not to reject the appeal on the ground of limitation but to proceed to take a decision in accordance with law.
2. Learned advocate for the appellant submitted that due to unavoidable circumstances, the appellant is unable to prefer the statutory appeal within a period of 30 days from the date of receipt of server copy of this order and requests for extension of time.
3. We have heard the learned Government counsel on the above submissions.
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4. Considering the peculiar facts and circumstances, the time for filing a statutory appeal is extended by a period of 60 days from the date of receipt of server copy of this
order and if the appeal is filed, the appellate authority shall not reject the appeal on the ground of limitation but to proceed to take a decision in accordance with law.
5. In the event, the appellant does not file the appeal within the extended time, the benefit of this order will not enure to the appellant and the appeal would stand automatically dismissed in its entirety without further reference to this Court.
6. No costs.
7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.
(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)