Abhimanyu Mondal v. Kamalendu De And ORS

28.04.2025 Court No.652 Sl. No.57 Mujahid/ Sudipta CO 404 of 2023 With CAN 1 of 2024 Abhimanyu Mondal Vs.

Kamalendu De & Ors.

Mr. Meghnad Dutta, Mr. Abhishek Shaw ...for the petitioner In Re: CAN 1 of 2024 The present application has been moved for restoration of CO 404 of 2023 which was dismissed for default on 12th December, 2024.

Notice of the application has duly been served upon the opposite parties. Affidavit of service has been filed along with the postal receipts and tracking report.

However, none appears on behalf of the opposite parties.

Learned counsel for the petitioner submits that non-appearance of the petitioner on 12th December, 2024 was neither intentionally nor deliberate. The application is duly accompanied by the affidavit. In the facts and circumstances, CO 404 of 2023 is restored with its original number.

In Re: CO 404 of 2023 Pursuant to the restoration, the interim order has passed on 19th June, 2023 is also restored and shall remain effective till 31st July, 2025 or until further order whichever is earlier.

Copy of the order passed today be also sent to the opposite party and the learned Advocate through permissible mode on steps to be taken by the petitioner. Affidavit of service be filed.

Let the matter appear in the combined monthly list of July, 2025.

(Dinesh Kumar Sharma, J.)