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Calcutta High CourtWPA/3621/2009dismissed for default

Esmatara Begum v. State Of West Bengal & ORS

2023-01-20Hon'Ble Justice Ananya Bandyopadhyay2 pages

13.02.2025 Ct. No.33 Sl. No.1 cm WPA 3621 of 2009 CAN 1 of 2023 CAN 2 of 2023 Esmatara Begum Vs.

The State of West Bengal & Ors.

Mr. Lalratan Mondal .... for the petitioner Mr. Priyankar Saha Mr. Debangshu Dinda ... for the State In Re: CAN 1 of 2023 The application being CAN 1 of 2023 under Section 5 of the limitation Act has been taken up for hearing. From the record it reveals that there is delay of 217 days in filing the restoration application. Based on the averments made in Paragraph Nos. 5 of the supplementary affidavit filed on 9th May, 2024 and the delay in filing of the aforesaid CAN application is condoned.

The application being CAN 1 of 2023 is allowed. In Re: CAN 2 of 2023 The application being CAN 2 of 2023 has been taken up for hearing.

Based on the averments made in the aforesaid CAN application and the explanation stated therein to be satisfactory and for ends of justice, the restoration application being CAN 2 of 2023 stands allowed.

The instant writ petition stands restored to its original file and number. The order dated 20.01.2023 passed by this Court is recalled.

The learned advocate representing the State/respondents is to file affidavit-in-opposition by 28th March, 2025 and affidavit-in-reply if any be filed by 16th April, 2025.

Let the matter be fixed on 30th April, 2025.

(Ananya Bandyopadhyay, J.)