Calcutta High Court

MAT/65/2026 of BISWAJEET BOSE Vs PRITHWISH SAHA AND ORS on 23 July 2026

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23.07.2026 Court. No. 11 (gc) CALCUTTA HIGH COURT IN THE

Item 10

23.07.2026

Court. No. 11

(gc)

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CIVIL APPELLATE JURISDICTION

MAT 65 of 2026

CAN 1 of 2026

CAN 2 of 2026

Sri Biswajeet Bose

Vs.

Prithwish Saha & Ors.

Mr. Sanjay Mazoomdar,

Ms. Sukanya Adhikary

…for the Appellant.

Mr. Sudip Kr. Paul

…for the Respondent No.1. (V.C.)

Mr. Pradup Chatterjee,

Ms. Srishti Sarkar

…for the Respondent Nos.2 to 4.

Re: CAN 1 of 2026

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1. This is an application for condonation of delay of 35 days in preferring the appeal. We are satisfied with the explanation offered for not being able to prefer the appeal within the period of limitation.

2. The delay of 35 days is condoned.

3. Accordingly, the application for condonation of delay is allowed.

4. The appeal is registered. Re: MAT 65 of 2026

CAN 2 of 2026

5. The appellant is aggrieved by the order of status quo that was passed in WPA 1592 of 2025 dated July 29, 2025.

2

6. It is submitted that the interim order has not been extended, but in view of the pendency of the application before the writ court, the Corporation is not taking steps in accordance with law.

7. We are of the view that justice would be subserved, if the learned writ court disposes of the said writ petition expeditiously upon hearing all the parties.

8. We are not inclined to enter into the merits of the issues involved and we request the learned Single Judge to decide the same.

9. With the aforesaid observation, the appeal and the connected application are disposed of.

10. However, there shall be no order as to costs.

11. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)

(Smita Das De, J.)

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