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Calcutta High CourtFAT/236/2025dismissed for default

Rajashree Amit Mukherjee v. Amit Jiban Krishna Mukherjee

2025-10-28Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Uday Kumar2 pages

AD -42 Ct No.10 28.10.2025 (SSS) FAT 236 of 2025 With CAN 1 of 2025 Smt. Rajashree Amit Mukherjee Vs.

Sri Amit Jiban Krishna Mukherjee

1. None appears for the parties at the time of call.

2. We find from the order dated September 10, 2025 that adjournment was sought on behalf of the appellant on the ground that the appellant wanted to engage another learned advocate.

3. On September 17, 2025 when the matter next came up before the coordinate Bench, the appellant was not represented. The court directed an administrative notice to be served upon the appellant.

4. We find from the office report dated September 23, 2025 that as per the track consignment report of India Post, the postal article was returned to the sender. Moreover, no Vakalatnama has been filed by the representative of the sole respondent till date.

5. Thus, since the administrative notice, which was issued on the appellant at the address given by the appellant herself in the cause title of the

memorandum of appeal and her injunction application, has returned unserved, there is no scope of service of any further notice to the appellant.

6. Since the appellant is evidently not interested to proceed further in the matter, FAT 236 of 2025 along with CAN 1 of 2025 are dismissed for default without any order as to costs.

7. Interim order, if any, stands vacated.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)