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Calcutta High CourtCO/832/2023dismissed for default

Mina Ghosh And ORS v. Debasish Ghosh And ORS

2025-01-09Hon'Ble Justice Dinesh Kumar Sharma2 pages

28.04.2025 Court No.652 Sl. No.60 Mujahid/ Sudipta CO 832 of 2023 With CAN 3 of 2025 Smt. Mina Ghosh & Ors.

Vs.

Sri Debasish Ghosh & Ors.

Ms. Soma Kar Ghosh, Mr. Arabinda Pathak, Ms. Suparna Paul ...for the petitioners Mr. Koushik Chatterjee, Mr. Nilanjan Adhikari, Ms. Aindrila Sinha, Mr. Nitin Sharma ...for the Opposite Party No.1 In Re: CAN 3 of 2025 The present application has been moved for restoration of CO 832 of 2023 which was dismissed for default on 9th January, 2025 for non-appearance of the petitioners.

Learned counsel for the petitioner submits that non-appearance was neither intentional nor deliberate.

Learned counsel for the respondent has very graciously submitted that without prejudice to its contentions the application may be allowed and the petition may be restored.

In view of the submissions made the petition is resorted to its original number. The application CAN3 of 2025 is disposed of.

Learned counsel also submits that interim order granted on 14th August, 2023 may also be revived.

In Re: CO 832 of 2023 Let the interim order be extended till 31st July 2025 or till further order whichever is earlier. Let the matter appear on 15th July, 2025 for final hearing.

(Dinesh Kumar Sharma, J.)