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Calcutta High CourtFMAT/187/2020dismissed for default

Tanmay Sarkar & ANR v. State Of West Bengal & ORS

2021-07-01Hon'Ble Justice Harish Tandon,Hon'Ble Justice Partha Sarathi Sen2 pages

11.02.

Ct. No. 08 ab FMAT 187 of 2020 IA No. CAN 2 of 2022 Tanmay Sarkar and another Vs.

State of West Bengal and others.

--------------------- Mr. Amarendra Nath Roy, Mr. N. C. Dey.

... for the appellants.

Mr. Sirsanya Bandopadhyay, Ms. Tapati Samanta.

... for the State.

Re: CAN 2 of 2022 The affidavit of service filed in Court today is taken on record, This is an application for recalling of the order dated 1st July 2021.

On perusal the petition under consideration and after hearing the contending parties it appears that the appellants have been able to make out a case for not attending the Court on 1st July 2021 when the instant matter was taken up for hearing.

Accordingly, the prayer is allowed. The order of dismissal as passed on 1st July 2021 stands hereby recalled.

Consequently, FMAT 187 of 2020 together with CAN 1 of 2020 (Old No. CAN 2419 of 2020) are restored to its original file and numbers.

Re: FMAT 187 of 2020 The Stamp Reporter reports that the instant appeal has wrongly classified as "FMAT" instead of "MAT".

Let the file be sent down to the Central Filing Section for providing the appropriate classification to the instant appeal.

(Harish Tandon, J.) (Partha Sarathi Sen, J.)