Yeshveer v. Union Of India & ORS

28.02.2025 Item No.03 Court No.11 Avijit Mitra FMA 1537 of 2016 with IA No.CAN 2 of 2024 with IA No.CAN 3 of 2024 Yeshveer - Versus - Union of India & ors.

Mr. Pradip Kumar Roy, Sr. Adv., Mr. Tirthajit Roy Chowdhury ...for the appellant Mr. Bishwambher Jha, Mr. Uttam Basak, Mr. Harshwardham Kr. Jha ...for the respondents In Re : IA No.CAN 2 of 2024 & IA No.CAN 3 of 2024 These are the applications for condonation of delay in preferring the application for restoration and the application for restoration, respectively.

Upon hearing the learned advocates appearing for the respective parties and upon perusal of the averments made in the applications, we are satisfied with the explanation provided towards the delay in preferring the application for restoration and towards absence of the learned advocate of the appellant on 3rd August, 2023 when the appeal was dismissed for default. Accordingly, both the applications being IA No.CAN 2 of 2024 & IA No.CAN 3 of 2024 are allowed. Delay is condoned. The appeal is restored to its original file and number. We have been informed that the paper book has already been prepared and the matter is ready for hearing.

In view thereof, list the matter for final hearing in the monthly list of April, 2025.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)