Md. Firoz v. Ashoke Kr. Singh & ANR

IN THE HIGH COURT AT CALUTTA

Civil Appellate Jurisdiction 12.07.2023 SL No.13 & 14 Court No. 551 Ali FMA 970 of 2013 IA No: CAN/2/2019 (Old No:CAN/11844/2019) Md. Firoz Vs.

Sri Ashoke Kr. Singh & Anr.

With COT 29 of 2009 The New India Assurance Co. Ltd.

Vs.

Md. Firoz & Anr.

Mr. Sujoy Guha Roy ...for the appellant.

The affidavit of service filed on behalf of the appellant is taken on record.

CAN/2/2019 (Old No:CAN/11844/2019) It appears from the affidavit of service that the service of CAN upon the insurance company is complete.

None appears on behalf of the insurance company.

This is an application for recalling/ modifying of the order passed by this court dated 14th November, 2019. Heard the learned advocate and perused the petition of CAN.

Considering the fact that the instant application for restoration was filed within a statutory period of limitation and after considering the ground thereof the CAN/2/2019 (Old No:CAN/11844/2019) is disposed of with a

direction that the order for dismissal passed by this court on 14th November, 2019 is hereby recalled. The FMA 970 of 2013 is hereby restored to its original file and number.

The appellant is directed to serve a notice upon the respondent regarding the fact of restoration of the appeal through registered Speed Post with Acknowledgement Due.

Let the matter appear in the monthly list of August, 2023.

The appellant shall file an affidavit of service on the returnable date.

(Subhendu Samanta, J.)