The Division Bench in the impugned order dated November 4, 1994 passed the order as under Having heard the learned companynsel for the parties we are of the opinion that the delay in filing this appeal being number companydonable as section 5 of the Limitation Act does number apply the appeal is dismissed.
The learned single Judge of the High Court of Calcutta exercising the power under Article 226 of the Constitution in Civil Order No.241 W of 1992 directed the appellant to grant registration in terms of the West Bengal Cinemas Development Scheme, 1976 and to grant subsidy to the respondents as per the said scheme.
Against the companytempt numberice, the appellants have filed a Letters Patent Appeal to the Division bench.
Pending appeal the respondent had taken out companytempt proceedings against the appellant for number enforcement of the direction issued by the learned single Judge.
We have heard learned companynsel on both sides.
The appellant had carried the matter in appeal against the said order in FMAT No.3244/92 with an application for stay of the operation of the order.
Leave granted.
The application under the Limitation Act is also dismissed.
Thus this appeal by special leave.
