Ajit Kr. Sarkar v. Gouranga Dev Banerjee

RVW 65 of 2021 [CAN 1 of 2021, CAN 2 of 2021] CAN 3 of 2022 In FMA 1792 of 2019 Gauranga Deb Banerjee

Versus

Ajit Kumar Sarkar Item2.

sg 14-02-2025 Ct. 37 Mr. GAutam Chakraborty Mr. Kartik Kr. Ray ...for the petitioner Mr. Samiran Giri ...for the respondent In Re: CAN 3 of 2022

1. This is an application for restoration of the review petition along with two applications, which were dismissed for default on 10th June, 2022.

2. We are satisfied with the explanations shown by the petitioner for not being able to appear before the Court when the matter was taken up for hearing on 10th June, 2022 and the matter was dismissed for default.

3. The review application being RVW 65 of 2021 along with CAN 1 of 2021 and CAN 2 of 2021 are restored to its original file and number.

4. CAN 3 of 2022 is, accordingly, disposed of. In Re: CAN 1 of 2021

5. This is an application for condonation of delay.

6. There is a delay of 534 days in filing the application for review.

7. Sufficient cause being shown for not be able to file the application for review within the period of limitation, we condone the delay of 534 days in filing the review application.

8. The prayer for condonation of delay is allowed. CAN 1 of 2021 is accordingly, disposed of.

In Re: RVW 65 of 2021 with CAN 2 of 2021

9. In view of the settlement arrived at by and between the parties on 28th October, 2022, the review application has now become infructuous and stands disposed of on the basis of the settlement arrived at between the parties.

10. The review application being RVW 65 of 2021 is, thus, disposed of.

11. In view of disposal of review application, there is no need to pass any direction in CAN 2 of 2021.

12. CAN 2 of 2021 also stands disposed of.

(Soumen Sen, J.) (Saugata Bhattacharyya, J.)