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Calcutta High CourtCO/559/2019dismissed for default

Rafiquzzuman Chowdhury & ANR v. Gadadhar Das

2022-12-14Hon'Ble Justice Bibhas Ranjan De2 pages

22.5.2024 Ct. no. 652 sb CO 559 of 2019 With CAN 1 of 2023 CAN 2 of 2023 Rafiquzzuman Chowdhary & Anr.

Vs.

Gadadhar Das Mr. Suddhader Adak Ms. Richa Pramanik ...for the Petitioners Mr. Debjit Mukherjee Mr. Kaustav Bhattacharya Ms. Susmita Chatterjee Ms. Sinjini Chakraborty Ms. Priyanka Jana ...for the Opposite party Re: CAN 2 of 2023 Affidavit of service filed by the petitioners is taken on record. Both parties are represented. This is an application under Section 5 of the Limitation Act seeking condonation of delay of 165 days in preferring the application for restoration being CAN 1 of 2023.

Grounds shown in the application appears to be satisfactory and accordingly, the delay in filing the application being CAN 1 of 2023 is allowed.

CAN 2 of 2023 is accordingly disposed of.

Re: CAN 1 of 2023 This is an application wherein the petitioners have sought for recalling the order dated 14th December, 2022 whereby this court was pleased to dismiss the application being CO 559 of 2019. Grounds shown in the application appears to be satisfactory and accordingly, it is allowed. Let CO 559 of 2019 be restored in its original file with original number.

CAN 1 of 2023 is accordingly disposed of.

Re: CO 559 of 2019 Let the matter appear on 28th June, 2024 under the heading "Contested Application".

(Ajoy Kumar Mukherjee, J.)