- (1.) The eighth respondent in the writ petition took out this application (CAN No.9605 of 2006) seeking rescission of order dated December 20th, 2006 finally disposing of the writ petition. Mr Banerjee, counsel for the eighth respondent, Ila Roy Chowdhury, submits that his client has decided not to press the application. Mrs Shyamali Das, the first petitioner, submits that the eighth respondent should not be permitted not to proceed with her application.
(2.) I fail to see how Smt Das can make this submission. If she has been harassed, in my opinion, she can seek costs, but she is not entitled to say that the application of the eighth respondent should not be dismissed for nonprosecution. For these reasons, I dismiss the application taken out by the eighth respondent ordering her to pay Rs.5000/- costs to the petitioners within a fortnight. Urgent certified xerox copy of this order, if applied for, shall be supplied to the parties within three days from the date of receipt of the file by the section concerned.;