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Calcutta High CourtSAT/769/2000dismissed

Sekh Babu Majhi & ORS v. Sk. Alauddin

2022-01-10Hon'Ble Justice Soumen Sen,Hon'Ble Justice Kesang Doma Bhutia1 pages

SAT 769 of 2000 Item-1 sg 10-01-2022 Sekh Babu Maji & Ors.

Versus

Sk. Alauddin Ct. 8 (Through Video Conference) The appellants are not represented nor any accommodation is prayed for on behalf of the appellants. On the earlier two occasions namely, 9th August, 2021 and 4th January, 2022, the appellants were not represented.

The second appeal tender is of 2000. Opportunities were given to the appellants on 8th July, 2021 to remove the two defects. Third defect was found to be inconsequential. In spite of repeated opportunities being given to the appellants to remove the defects, no attempt has been made to remove the two defects. As observed by the coordinate Bench that the defects mentioned should not hold up moving of the appeal for admission.

Mr. Sabyasachi Mukhopadhyay, learned Counsel appeared on behalf of the appellants on 8th July, 2021 but prayed for adjournment. It was made clear in the order dated 8th July, 2021 that in the event the appellants go unrepresented on adjourned date or thereafter, the appeal is likely to be dismissed. Subsequently, the matter appeared on 9th August, 2021 and 4th January, 2022. The appellants were unrepresented on the adjourned dates.

In view thereof, the appeal stands dismissed for default. There shall be no order as to costs.

(Kesang Doma Bhutia, J.) (Soumen Sen, J.)