Sujit Kr. Saha (Nayek) v. Kalpana Saha & ORS.

SAT 54 of 2015 CAN 1 of 2015 (old CAN 3613 of 2015) Items12&13.

17-05-2023 Sujit Kumar Saha (Nayek) Ct. 8 sg

Versus

Kalpana Saha & Ors.

And SAT 55 of 2015 CAN 1 of 2015 (old CAN 3614 of 2015) Sujit Kumar Saha (Nayek)

Versus

Kalpana Saha & Ors.

In spite of service of notice upon the appellant personally, the appellant is not represented.

On the earlier occasion Mr. Kartick Kumar Bhattacharya, Advocate appeared and submitted on instruction that the appellant is not interested to proceed with the appeals and had prayed for dismissal of the appeals for non-prosecution. However, Mr. Bhattacharya had candidly submitted that he had not received any written instruction. For that reason, we passed orders on 20th April, 2023 and 4th may, 2023 giving an opportunity to the appellant to appear or to properly instruct Mr. Bhattacharya with regard to the prayer for dismissal of the appeals for nonprosecution. The department has reported that notices have been duly served upon the appellant.

The appellant is not represented. Mr. Bhattacharya is also not present today.

In view of our order dated 20th April, 2023 read with the order dated 4th May, 2023, both the appeals stand dismissed.

However there shall be no order as to costs.

LCR may be sent down to the learned Court below. In view of the dismissal of the appeals, all connected applications are accordingly dismissed.

(Uday Kumar, J.) (Soumen Sen, J.)