Raju Mondal v. Bimal Kumar Halder & ORS

Dl.

18.

March 18, Through Video Conference F.M.A.T. 784 of 2019 The appellant is not represented either physically or on virtual mode. No accommodation is also prayed for. The matter was adjourned on January 27, 2021 at the instance of the appellant in order to enable the appellant to remove the defects. It appears that on September 24, 2019 an application for condonation of delay in filing the appeal has been filed and the same is in record.

In spite of repeated opportunities being given to the appellant to move the application for condonation of delay, the appellant is not represented. In fact, on February 10, 2021, the appellant was also not represented. On that date, we adjourned the matter till March 16, 2021 by recording in the said order that in the event the appellant is not represented on the adjourned date, it would be presumed that the appellant is not interested in the matter and the appeal would be dismissed for non-prosecution. Today, in absence of the appellant, we dismiss the application for condonation of delay for default. Consequently, the memorandum of appeal and the connected application for stay stand rejected.

There will be no order as to costs.

( Soumen Sen, J. )

dns ( Saugata Bhattacharyya, J. )