Birendra Nath Sarkar v. Axis Bank Ltd

02.12.2025 Court No.25 M/L No.7 S. Gayen

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate side WPA 11416 of 2025 with CAN 1 of 2025 Birendra Nath Sarkar

Versus

Axis Bank Ltd. & Ors.

Mr. Samir Kumar Dhar ...for the Petitioner Mr. Debtanay Banerjee Ms. Sayani Roychowdhury Ms. B.D. Mandal ...for the Respondent No.1 Ms. Suchismita Ghosh ...for the Respondent Nos. 4 & 5

1. The petitioner has filed the present application being CAN 1 of 2025 praying for recalling of the order dated 4th November, 2025 wherein, this Court has dismissed the writ application for default for non-appearance of the petitioner when the matter was called.

2. Heard the learned counsel for the petitioner and perused the application. This Court finds that sufficient cause has been shown for non-appearance of the learned counsel for the petitioner on the date fixed.

3. Accordingly, the order dated 4th November, 2025 is recalled.

4. WPA 11416 of 2025 is restored in its original file.

5. CAN 1 of 2025 is disposed of.

6. Let the matter appear on 16th December, 2025 under heading "Adjourned Motion".

7. The pending writ petition, the petitioner shall be at liberty either to approach himself or through the representative or power of attorney holder before the Ombudsman for settle the issue.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Krishna Rao, J.)