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2019 DIGILAW 804 (SC)

Sudipta Sankar Bhaduri v. State Of West Bengal

2019-02-22

A.M.KHANWILKAR, AJAY RASTOGI

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ORDER 1. Leave granted. 2. Heard learned counsel for the parties. 3. This appeal takes exception to the judgment and order dated 18.01.2018 passed by the High Court of Calcutta in MAT No. 462 of 2015. 4. After hearing learned counsel for the parties, we find that the impugned judgment, to say the least, is untenable. Therefore, we deem it appropriate to relegate the parties before the High Court for reconsideration of the Writ Petition afresh. We refrain from recording reasons, to obviate causing prejudice to either party. We leave all questions open. 5. We make it clear that both sides are free to raise all contentions available to them, including the grounds raised earlier and in the present proceedings, to be decided by the High Court on its own merits in accordance with law, preferably within six 2months. 6. Appeal is allowed in the above terms.