M/S. AMBIA Vs. STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2018-6-201
HIGH COURT OF CALCUTTA
Decided on June 22,2018

M/S. Ambia Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

TAPABRATA CHAKRABORTY,J. - (1.) The present application being R.V.W. 101 of 2017 along with an application being C.A.N. No. 4109 of 2017 has been preferred inter alia praying for review of the order dated 11th January, 2017 passed in W.P. No. 33664 of 2014. For condonation of the delay in preferring the review application, the petitioner/applicant has also filed an application under Section 5 of the Limitation Act being C.A.N. No. of 2017.
(2.) This Court is satisfied with the explanation given towards the delay in preferring the review application and as such the application for condonation of delay is allowed.
(3.) Drawing the attention of this Court to the order dated 11th January, 2017, Mr. Mukherjee, learned senior advocate appearing for the applicant/writ petitioner submits that no one appeared on behalf of the writ petitioner on 11th January, 2017 and as such the Court was not apprised of the proper facts. By the said order the writ petition was dismissed primarily on the ground that though the cause of action accrued in 2008 whereby allotment of land in favour of the petitioner was cancelled on 2nd May, 2008, the writ petition was, however, filed in the year 2014. Such delay and laches towards preferring the writ petition was not found to have been properly explained and, accordingly, for such laches the writ petition was dismissed and the Court did not decide the writ petition on merits.;


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