STATE OF WEST BENGAL Vs. KARTICK CHANDRA DAS

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides. The learned single Judge of the High Court of Calcutta exercising the power under Art. 226 of the Constitution in Civil Order No. 241(W) of 1992 directed the appellant to grant registration in terms of the West Bengal Cinemas Development Scheme, 1976 and to grant subsidy to the respondents as per the said scheme. The appellant had carried the matter in appeal against the said order in FMAT No.3244/92 with an application for stay of the operation of the order. We are informed that the appeal is pending. Pending appeal the respondent had taken out contempt proceedings against the appellant for non-enforcement of the direction issued by the learned single Judge. Against the contempt notice, the appellant have filed a Letter Patent Appeal to the Division Bench. The Division Bench in the impugned order dated November 4, 1994 passed the order as under:

(3.) It is not in dispute that under S.19 of the Contempt of Courts Act, an appeal would lie to the Division Bench and limitation of 30 days from the date of the order has been prescribed subject to the exclusion of the time taken for obtaining the certified copy thereof. We have sent that the appellate side rules of the Calcutta High Court applicable to the area other than the city of Calcutta had not expressly excluded the application of the limitation under the Limitation Act.