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Calcutta High CourtWPA/8546/2019disposed

M/S Utkal Weigh Bridrge& Calibration v. Container Corporation Of India Ltd.& ORS

2025-04-28Hon'Ble Justice Partha Sarathi Chatterjee2 pages

04.04.2025 Ct.No.7 sdas WPA 8546 of 2019 with CAN 2 of 2023 with CAN 3 of 2023 M/s. Utkal Weigh Bridge & Calibration Center Vs.

Container Corporation of India Ltd. & Ors.

Mr. Farhan Ghaffar Ms. Shreya Srivastava Mr. Ankit Chaturbedy ...for the petitioner In Re : CAN 3 of 2023 Affidavit-of-service filed on behalf of the petitioner is taken on record.

Despite service, respondents are unrepresented.

Having heard the learned advocate representing the petitioner and upon perusal of the averments made in the application explaining the delay in preferring the application for restoration being CAN 2 of 2023, I am satisfied that sufficient cause existed which prevented the petitioner from filing application within the period of limitation provided therefor.

Accordingly, application being CAN 3 of 2023 is allowed. Delay is condoned.

In Re : CAN 2 of 2023 Having heard the learned advocate representing the petitioner and upon perusal of the averments made in the application, I am satisfied with the explanation provided towards absence of the learned advocate in Court on 16th July, 2021, when the writ petition was dismissed for default.

Accordingly, application being CAN 2 of 2023 is allowed.

Order dated 16th July, 2021 is recalled. Writ petition and its connected application are restored to their original numbers and files.

In Re : WPA 8546 of 2019 List this matter for further consideration three weeks hence.

Petitioner is directed to intimate this order to the respondents and file affidavit-of-service on the returnable date.

(Partha Sarathi Chatterjee, J.)