01 November 2021, Monday

3 years ago

Delay of 355 days condoned in Section 37 appeal post-Borse Brothers: Calcutta High Court

06 September 2021 | State of West Bengal v. Chowdhury Construction | FMAT 124 of 2021 | IP Mukerji and Aniruddha Roy JJ | High Court of Calcutta | 2021 SCC OnLine Cal 2417

A 2-judge bench of the Calcutta High Court condoned the delay of 355 days in filing an appeal under Section 37 ACA against an order dismissing a set-aside petition.

The grounds urged by West Bengal were pandemic, “preparing the briefs and note … and holding conferences were severely affected …”.

The court noted the “enormous difficulties that arose and still arise” and found it not “out of place to think that all these difficulties were also faced by the [Government].”

Read the decision here.

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