SANTANU BHADURI S/O SUNIL KUMAR BHADURI Vs. SUBHAS KUMAR CHOWDHURY & 3 ORS S/O SANTOSH KUMAR CHOWDHURY

JUDGEMENT

(1.) Learned proxy counsel Mr. Avijnan Biswas is present on behalf of main counsel Mr. Subhasish Bhowmick. He states that the main counsel is in the Hon'ble Supreme Court. The learned counsel for the respondents states that on the last date of hearing i.e. 05.04.2018, the petitioner was granted 15 days' time to seek instructions in the matter. However, today only proxy counsel is present and he is not able to tell any instructions in this regard. The counsel for the respondent states that he has undertaken not to pursue with the execution proceedings till today and counsel for the respondent requested that he should be allowed to withdraw this undertaking.

(2.) The petitioner has not complied with the order dated 05.04.2018 and no instructions in terms of order dated 05.04.2018 have been reported in the matter. In these circumstances there is no question for further stay in the matter and the undertaking given by the counsel for the respondent which is to expire today need not be extended and the respondent is free to execute the order of the State Commission.

(3.) This Revision Petition has been filed against the order dated 18.02.2016 passed by the State Commission wherein the appeal filed by the petitioner was dismissed as the appeal was filed with delay.