Din Mahammad Mallick & ORS v. State Of West Bengal & ANR.

18.03 Ct. No. 237 akb C.R.R. 1974 of 2012 With IA No. CRAN 1 of 2019 (Old No. CRAQN 4348 of 2019) Din Mohhammad Mallick & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Anup Mukhopaldhyay ...For the Petitioners Ms. Amita Gaur Mr. Anand Keshari ...For the State Re.: IA No. CRAN 1 of 2019 )Old No. CRAN 4348 of 2019) Affidavit-of-service filed on behalf of the petitioners is taken on record. Opposite parties are not represented. This is an application wherein the petitioners have prayed for restoration of the original application, being CRR 1974 of 2012 in its original file and number after setting aside the order of dismissal dated 4th November, 2019.

Having heard the learned Counsel appearing on behalf of the petitioners and the State and also upon consideration of the grounds shown in the application which apparently does not smack of mala fide and that the weighty consideration in such cases is that as far as possible the dispute between the parties shall be adjudicated on merit, the prayer for restoration is allowed.

Let C.R.R. 1974 of 2012 be restored to its original file and number.

The application, being IA No. CRAN 1 of 2019 (Old No. CRAN 4348 of 2019) is accordingly disposed of. C.R.R. 1974 of 2012 Petitioners are directed to serve notice of restoration upon the

private opposite parties and also to intimate the next date of hearing. Let the matter be listed under the heading 'Contested Application' in the monthly list of April, 2025. (Dr. Ajoy Kumar Mukherjee, J. )