Tanmoy Ghosh v. State Of West Bengal And ORS.

30.03.2023 Court No. 19 Item 600 CP WPA/10322/2021 WITH IA NO: CAN/1/2023 TANMOY GHOSH VS STATE OF WEST BENGAL AND ORS.

Mr. Tapas Kumar Mondal Mr. S. Naskar ...for the petitioner.

Affidavit of service is taken on record. The respondent no. 8 has refused service of the application. CAN No. 1 of 2023 is an application for restoration of W.P.A. No. 10322 of 2021 which was dismissed for default on August 23, 2022.

Upon perusal of the grounds stated in paragraphs 3 and 4 of the said application, this court is satisfied that the petitioner was prevented by sufficient cause from appearing before the court when the writ petition was called on.

CAN No. 1 of 2023 is allowed. The order dated August 23, 2022 is recalled.

The writ petition is restored to its original file and number. Let the writ petition be listed in the monthly list of May, 2023 under the heading 'Motion'.

Petitioner is directed to serve a notice along with the server copy of this order upon the non-appearing respondents. Affidavit of service to be filed on the next date.

(Shampa Sarkar, J.)