- (1.) This application has been taken out after disposal of an appeal by an order dated 18th August, 2011. The applicant who was appellant has prayed for modification of the aforesaid order by way of granting extension of time for making comprehensive representation in terms of the aforesaid order. By order dated 18th August, 2011 this Court had given following directions:- "Therefore, we direct, on the suggestion of the learned counsel Mr. Yadav, appearing for the Indian Oil Corporation, Executive Director of Indian Oil Corporation, Calcutta, to give a hearing to Mr. Bandopadhyay's client against the decision of cancellation of his client's candidature. In this regard Mr. Bandopadhyay's client would be entitled to make comprehensive representation to the Executive Director of Indian Oil Corporation, Calcutta, within a week from date irrespective of receipt of the copy of this order." "In the event no representation is made by Mr. Bandopadhyay's client, the matter would be treated to be a closed chapter and in that case the choice of third party, namely, Tapan Biswas has to be accepted and follow up action may be taken."
(2.) The gist of the grounds stated for obtaining extension is as follows:- When the aforesaid order was being dictated by the Court only the learned Advocate-on-record was present in Court, but after conclusion of argument other learned Advocates left the Court Room with the leave granted by Their Lordships. The learned Advocate-on-record for the petitioner missed that portion of the direction of Their Lordships' with regard to the time limit. In substance there was a lapse and/or mistake on the part of the Advocate-on-record of the petitioner and as such the application could not be made within the time fixed by the Court.
(3.) This application is seriously opposed by both the respondents and it is stated that having regard to the language mentioned in the order no extension can be granted as on efflux of time as mentioned in the said order consequence would follow. Accordingly, vested right has accrued in favour of the private respondents and in terms of the said order Corporation Authority cannot decide the matter beyond the time fixed by the Court.;