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Judgment
W. Diengdoh, J
Heard learned counsel for the petitioner as well as Mr. S. Sengupta, learned Addl. Sr. GA, appearing for the State respondents.
In the midst of hearing, the learned counsel for the respondent No. 5/Managing Committee referred to an order dated 09.12.2020 wherein this Court has allowed the respondent No. 5 to produce a notification by way of an affidavit to which the learned counsel through inadvertence, has not file the said affidavit before this Court.
To the extent that non-filing of the said affidavit may be construed as an act of contempt, the learned counsel has submitted that he may be allowed to file the affidavit. The learned counsel for the petitioner has strongly objected to the prayer inasmuch as the prayer has been made very late in the day when the matter has already reached the stage of final hearing.
However, this Court on consideration of the prayer made and also to allow the parties to produce the best defence, the prayer of the learned counsel for the respondent No. 5 is allowed.
Let the affidavit be filed within the next date fixed. It is, however, made clear that if the affidavit is not filed within the next date fixed, no further time will be allowed in filing of the same. In fact, before filing such affidavit, the respondent No. 5 is directed to issue advance copy to the petitioner and all the respondents, if required, so as to allow the petitioner and the other respondents to file their reply, if instructed.
As prayed for, list this matter after 2(two) weeks.