SK SOLEMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties. Assailing the order dated 18th August, 2010 passed in W.P. No. 4325 (W) of 2010, this appeal has been preferred by the respondent Nos. 7 and 8 of the writ application. In preferring the appeal there is a delay of 52 days and application under section 5 of the Limitation Act has been filed. At the first sitting of the Court, this application under section 5 of the Limitation Act was moved which appeared as a listed matter, along with the stay application. Noticing the averments of the application under section 5 of the Limitation Act, we granted leave to file a supplementary affidavit by detailing some new facts in support of the said application. Affidavit has been filed at 2 p.m. and the matter has been taken up for hearing. From the supplementary affidavit filed by the learned Advocate-on-Record and the application under section 5 of the Limitation Act we are satisfied with the reason of delay as well as sufficiency of it. The ground is illness of learned Advocate-on-Record. Learned Advocates appearing for the respective respondents, namely, the Corporation and the writ petitioner-respondent Nos. 7 and 8 have not opposed this application due to the ground of illness of learned Advocate-on-Record. Considering the averments made in the application and the submissions made by the parties, we are satisfied with the sufficiency of reason and, as such, the application under section 5 of the Limitation Act is allowed by condoning the delay.

(2.) The appeal is now in order.

(3.) Registry is directed to make necessary endorsement.