MITALI KAR (SARKAR) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Key issue involved in this appeal is whether the learned Single Bench of this Court was justified in allowing the application for condonation of delay subject to payment of cost of Rs.50,000.00.

(2.) Being aggrieved and dissatisfied with the impugned order passed by the learned Single Bench of this Court dtd. 14/12/2023 in connection with W.P.A 19320 of 2010 the present appellant has preferred this instant appeal.

(3.) Mr. Biswarup Biswas learned Counsel appearing on behalf of the appellant submitted that the learned Single Judge erred in law in allowing the application filed under Sec. 5 of the Limitation Act with a prayer for condonation of delay on condition of payment of cost of Rs.50,000.00 without going into the merits of the case of this appellant. It is further submitted that the Single Bench was not justified in imposing the cost of Rs.50,000.00 to the appellant for allowing the application for condonation of delay filed in connection with recalling the order of dismissal of the writ application dtd. 18/8/2017. As per submission of the learned Counsel the present appellant is not at all negligent in persuading the case which was pending before the learned Single Bench but unfortunately the said writ petition was dismissed for default without any fault attributed on the part of this present appellant and as such there is no question of imposing compensation .