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2026 DAILYLAW 29731 (CAL)

BISWAJEET BOSE v. PRITHWISH SAHA AND ORS

MAT/65/2026 · 2026-07-23

Shampa Sarkar, Smita Das De

body2026

Judgment text

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Item 10 23.07.2026 Court. No. 11 (gc) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CIVIL APPELLATE JURISDICTION MAT 65 of 2026 CAN 1 of 2026 CAN 2 of 2026 Sri Biswajeet Bose Vs. Prithwish Saha & Ors. Mr. Sanjay Mazoomdar, Ms. Sukanya Adhikary …for the Appellant. Mr. Sudip Kr. Paul …for the Respondent No.1. (V.C.) Mr. Pradup Chatterjee, Ms. Srishti Sarkar …for the Respondent Nos.2 to 4. Re: CAN 1 of 2026 1. This is an application for condonation of delay of 35 days in preferring the appeal. We are satisfied with the explanation offered for not being able to prefer the appeal within the period of limitation. 2. The delay of 35 days is condoned. 3. Accordingly, the application for condonation of delay is allowed. 4. The appeal is registered. Re: MAT 65 of 2026 CAN 2 of 2026 5. The appellant is aggrieved by the order of status quo that was passed in WPA 1592 of 2025 dated July 29, 2025. 2 6. It is submitted that the interim order has not been extended, but in view of the pendency of the application before the writ court, the Corporation is not taking steps in accordance with law. 7. We are of the view that justice would be subserved, if the learned writ court disposes of the said writ petition expeditiously upon hearing all the parties. 8. We are not inclined to enter into the merits of the issues involved and we request the learned Single Judge to decide the same. 9. With the aforesaid observation, the appeal and the connected application are disposed of. 10. However, there shall be no order as to costs. 11. Parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.) (Smita Das De, J.)