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Calcutta High CourtFMAT/137/2015dismissed

Sanwarmal Ginodia v. M/S Development & Builders Pvt Ltd & ORS

2023-01-10Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar1 pages

FMAT 137 of 2015 Item-38.

10-01-2023 Sanwarmal Ginodia sg

Versus

M/s. Development & Builders Pvt. Ltd. & Ors.

Ct. 8 The matter initially appeared in the warning list on 29th November, 2022 and thereafter transferred to the regular list on 5th December, 2022. There was a clear indication in the list that the matter shall be transferred to the daily cause list on 5th December, 2022 and since then the appeal is appearing in the list. On the earlier occasion i.e. on 8th November, 2021, the appellant was not represented. Today the appellant is not represented nor the appellant has taken any step for removal of the defects.

The Section Officer in its report dated 5th January, 2023 has stated that no application for condoning delay has been filed. Under such circumstances, the appeal stands dismissed at the admission stage. However, there shall be no order as to costs. (Uday Kumar, J.) (Soumen Sen, J.)