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Calcutta High CourtMAT/1178/2025dismissed for default

Biswajit Ghosal v. State Of West Bengal And ORS.

2025-08-04Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Biswaroop Chowdhury2 pages

AD - 19 Ct No.16 01.04.2026 (SSS) MAT 1178 of 2025 with CAN 1 of 2025 with CAN 2 of 2025 Biswajit Ghosal Vs.

State of West Bengal and Ors.

Mr. Sabyasachi Mukhopadhyay, Mr. Sarbajit Chowdhuri, Advs.

.....For the petitioner.

Mr. Soumitra Bandyopadhyay, Ld. Snr. Govt. Adv., Mr. Priyabrata Batabyal, Adv.

...For the State.

1.

Upon hearing learned counsel for the parties, we find sufficient reason for the absence of the appellant on the relevant date having been shown. Accordingly, CAN 1 of 2025 is allowed, thereby recalling the order dated August 4, 2025 passed in MAT 1178 of 2025 and restoring the said appeal to its original file and number.

2.

On the prayer of the appellant, leave is granted to the learned advocate-on-record for the appellant to carry out the necessary rectification in CAN 2 of 2025 by incorporating the name and particulars of respondent no. 5 by tomorrow.

3.

Service on the respondent nos. 1 to 5 is dispensed with in view of appearance of the said respondents through their learned advocates.

4.

The appellant shall serve copies of CAN 2 of 2025 as well as the memorandum of appeal on the respondent no. 6 indicating that the application shall next be listed in the monthly list of May, 2026, when an affidavit of service to that effect shall be filed by the appellant.

5.

A copy of the memorandum of appeal shall also be served in the meantime on the learned advocate appearing for the respondent nos. 1 to 5. (Sabyasachi Bhattacharyya, J.) (Supratim Bhattacharya, J.)