M.N. Roy, J. - (1.) The appeal, in which this application for appropriate interim order has been filed, was presented on July 25, 1988, against the judgment and order passed in CO. No. 11767(W) of 1987, by a learned single Judge of this Court.
(2.) On such presentation, the Stamp Reporter has opined that the appeal has been filed in time calculating the period of limitation as 60 days. Such report has been made on the basis of an order dated February 14, 1989, made in an application for stay which was filed on November 29, 1988, in F.M.A.T. No. 3695 of 1988 and where a. Division Bench of this Court, following the determinations in the case of Rabindra Nath Chakraborty v/s. Union of India and Ors., 1976 C.H.N. 515 has observed that the period of limitation for filing appeal from a judgment in a writ petition, under the provisions of Clause 15 of the Letters Patent, the Limitation Act, 1963, or the Appellate Side Rules, would be 60 days.
(3.) Since a point arose as to what should be the period of limitation and whether the same should be 30 or 60 days, Mr. Malay Kumar Basu, a learned Advocate of this Court was requested to act as amicus curiae, to help and assist this Court and such order was made on December 13, 1989.;