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Calcutta High CourtFMA/304/2019dismissed for default

Gopa Banerjee & ORS v. State Of West Bengal &ORS

2023-07-24Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

18.01.2024 Item No.27 Court No.6.

S. De F.M.A. 304 of 2019 With I.A. No. CAN/3/2023 Gopa Banerjee & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Tanmoy Mukherjee, Mr. Partha Pratim Roy, Mr. Atish Ghosh, Ms. Antara Dey, ...for the appellants.

Mr. Debabrata Banerjee, Mr. Samir Kr. Chakraborty, ...for the respondent no.6.

Mr. Satyajit Talukdar, Ms. Rutika Verma, ...for the K.M.D.A.

Affidavit-of-service filed in Court be kept with the records.

In re: I.A. No. CAN 3 of 2023.

This is an application for restoration of FMA 303 of 2019 and FMA 304 of 2019, which were dismissed for default on July 24, 2023.

Having heard learned counsel for the parties, we are satisfied with the explanation furnished for absence of learned advocate for the appellants on the day the matters were dismissed for default.

Accordingly, the order dated July 24, 2023 is recalled.

FMA 303 of 2019 and FMA 304 of 2019 are restored to their original files and numbers. I.A. No. CAN 3 of 2023 is, accordingly, disposed of.

List these two appeals one after the other under the heading "Hearing" on February 8, 2024.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)