Calcutta High Court (Appellete Side)
Smt. Swaraswati Karan vs State Of West Bengal & Ors on 8 May, 2025
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
08.05.2025.
Item No. 30.
Court No. 13
ap
M.A.T. No. 1921 of 2015
With
I.A. No. CAN 1 of 2017 (Old CAN 278 of 2017)
And
I.A. No. CAN 2 of 2017 (Old CAN 279 of 2017)
And
I.A. No. CAN 3 of 2021
And
I.A. No. CAN 4 of 2021
And
I.A. No. CAN 5 of 2021
And
I.A. No. CAN 6 of 2021
Smt. Swaraswati Karan
Versus
State of West Bengal & Ors.
Mr. Ramdulal Manna,
Ms. Manju Manna (Dey),
Mr. Sayan Mukherjee.
...For the appellant.
Mr. Jahar Lal De,
Ms. Debarati Sen (Bose).
...For the State.
Re: CAN 278 of 2017
1. CAN 278 of 2017 is an application for
condonation of delay of 2460 days in filing the instant
appeal.
2. The appellant appears to have clearly blamed
her Advocate, one Mr. Basudeb Bag, who as indicated
before this Court by Mr. Manna, learned Counsel
appearing on behalf of the appellants, is not coming to
Court anymore.
3. The averments made in paragraphs 7, 8, 9 and
10 of the said application are as follows:
"7. That since after filing the aforesaid writ
application your applicant on numbers of occasions
meeting Mr. Basudeb Bag, the learned advocate
for the petitioner for having the matter heard at an
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early date but in spite of his best effort he could
not have the matter listed for hearing.
8. That some times in the month of September,
2008 your applicant having contacted said Mr.
Bag, the learned advocate of the applicant, the
applicant was informed that she need not contact
him any further and he will inform the applicant
when the matter will be listed for hearing and ask
for the fees for hearing of the matter.
9. Your applicant states that as the applicant
did not receive any intimation regarding hearing of
the case for long the applicant tried to contact said
Mr. Basudeb Bag in the month of October, 2014, in
his Chamber at 6, Kiran Sankar Roy Road but
failed to meet him as he was irregular in coming to
the court due to his wife's sad demise.
10. That lastly the applicant having collected
the residential address of said Mr. Basudeb Bag,
from one Ananta Dalapati, your applicant though
contacted with him on 22.11.2015 at his resident
at Dum Dum Bediapara, when said Mr. Bag
without disclosing the order of rejection of the writ
application dated 27.03.2009 for the reasons best
known to him returned the brief as he has almost
left the court for his some personal problem."
4. There is no explanation as to the number of
occasions the appellant tried to contact Mr. Bag about
her writ petition. There is no explanation as to the
manner in which she contacted Mr. Bag from the date
of filing of the writ petition till September, 2008.
5. The petitioner appears to have been silent from
2008 till October, 2014 with regard to what she did
about her matter. There is no explanation from
October, 2014 until 22nd November, 2015 as to what
steps she took to ascertain the fate of her matter.
6. The appellant claims that she came to know of
the dismissal of her writ petition on 27th March, 2009
from a Clerk of this Court one Mr. Dalapati on 22nd
November, 2015.
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7. No complaint has been lodged against the said
Basudeb Bag by the appellant.
8. It further appears that neither Mr. Bag nor Mr.
Dalapati have been made party respondent in the
contempt application. No leave to that extent has been
prayed for.
9. In these circumstances, this Court is not
inclined to entertain the application for condonation of
delay of 2460 days in filing the instant appeal.
10. Hence, the application being CAN 278 of 2017
shall stand dismissed. Consequently CAN 279 of
2017 and all other pending applications shall also
stand dismissed.
Re: M.A.T. 1921 of 2015
11. MAT 1921 of 2015 is not admitted by this Court
and is hereby dismissed.
12. There shall be no order as to costs.
13. All parties shall act on the server copy of this
order duly downloaded from the official website of this
Court.
(Rajasekhar Mantha, J.)
(Ajay Kumar Gupta, J.)
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