Nirmalendu Bhattacharya v. Amrita Bala Dey

19.12.2024 (D/L 09) Ct.-19 (Susanta/Samar)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION S.A. 38 of 1994 (Assigned) With CAN 1 of 1998 (Old CAN 2930 of 1998) (Application not in the file ) Nirmalendu Bhattacharya -Vs- Smt. Amrita Bala & Ors.

None appears on behalf of the parties on call. It appears from the departmental report dated May 22, 2024 that the appeal though is ready as regards service of notice but the department has not yet received the trial court records and no paper book has been filed.

The appeal is pending since 1993, no steps have been taken by the appellant to get the matter heard.

It is, therefore, presumed that the appellant has lost his interest to proceed with the matter. S.A. 38 of 1994 along with the connected application, being CAN 1 of 1998 (Old CAN 2930 of 1998) are therefore dismissed for default without any order as to costs. Interim order, if there be any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)