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Calcutta High CourtMAT/1204/2025dismissed for default

Shankar Rui Das v. State Of West Bengal And ORS.

2025-08-12Hon'Ble Chief Justice Sujoy Paul,Hon'Ble Justice Chaitali Chatterjee (Das)3 pages

20.02.2026 Item No.09 Ct. No.1 PG M.A.T. 1204 of 2025 With I.A. No. CAN 2 of 2025 With I.A. No. CAN 3 of 2025 Shankar Rui Das

Versus

The State of West Bengal & Ors.

Mr. Soujanya Pattanayak Mr. Syed Murshid Alam Ms. Barnali Gupta Mr. Sk. Nijamuddin Mr. Subrata Ghosh Mr. Mazid Hossain Mr. Anish Roy ...............for the appellant Ms. Sonal Sinha Mr. Amrita Lal Chatterjee....for the State PER, SUJOY PAUL, CJ.:

Re: I.A. No. CAN 2 of 2025

1. Parties are represented through their respective learned counsel.

2. I.A. No. CAN 2 of 2025 is taken up seeking condonation of delay of 130 days. The appellant has shown sufficient cause in the application and accordingly, we deem it proper to condone the delay.

3. We order accordingly.

4. Thus, I.A. No. CAN 2 of 2025 stands disposed of.

Re: I.A. No. CAN 3 of 2025

5. Heard on I. A. No. CAN 3 of 2025, which is an application for restoration of M.A.T.

1204 of 2025, which was dismissed on 12.08.2025 for default.

6. Learned counsel for the appellant by taking this Court to paragraphs 4 and 5 submits that non-appearance was unintentional and because of reasons, which were beyond his control. Thus, M.A.T. 1204 of 2025 may be restored.

7. Government counsel raised formal objection.

8. It is seen that the present appellant remained absent in the said matter on three consecutive occasions and therefore, the matter was dismissed on 12.08.2025.

In this backdrop, we deem it proper to restore M.A.T. 1204 of 2025, subject to depositing Rs. 1000/- as cost by the appellant before the High Court Legal Services Committee within 15 days.

9. If cost is deposited within aforesaid time and receipt is filed in this case, the Registry shall treat M.A.T. 1204 of 2025 as restored and list the matter before appropriate Bench.

10. With the aforesaid I.A. No. CAN 3 of 2025 is disposed of.

(SUJOY PAUL, CJ.) (CHAITALI CHATTERJEE (DAS), J.)