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Calcutta High CourtFMAT/163/2015dismissed

M/S Heatem Engineering Co. v. Mima Flour Mills Pvt.Ltd.

2022-11-25Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar1 pages

25.11.2022 SL No.35 Court No.8 (gc) FMAT 163 of 2015 CAN 1 of 2015 (Old No: CAN 1851 of 2015) M/s. Heatem Engineering Co. & Ors.

Vs.

Mima Flour Mills Pvt. Ltd.

This matter appeared in the warning list on 16th November, 2022 with a clear indication that the appeal shall be transferred to the daily list on 21st November, 2022. The appellant is not represented nor any accommodation is prayed for on behalf of the appellant, although, the appellant has sufficient knowledge and notice of the listing of this matter. This appeal was filed in or around February, 2015 but since then no attempt has been made to move this appeal or the connected application. The defect indicated by the Additional Stamp Reporter on 19th February, 2015 has not yet been removed.

The appellant has filed an application for condonation of delay being CAN 1 of 2015 (Old No: CAN 1851 of 2015). However, none has appeared to move the said application. The application for condonation of delay is, accordingly, stands dismissed for default.

Consequent upon the dismissal of the application for condonation of delay, the appeal stands dismissed as timebarred. (Uday Kumar, J.) (Soumen Sen, J.)