Laxmi Complex Pvt Ltd. v. Kishan Bajaj & ANR

06.09.2024 Ct. No.22 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 2263 of 2013 with IA No. CAN 1 of 2019 (Old No. CAN 336 of 2019) (Application not in the file) with CAN 2 of 2024 with CAN 3 of 2024 Laxmi Complex Pvt. Ltd.

Vs.

Kishan Bajaj & Anr.

Mr. M.P. Gupta Mr. Ayan Mitra ... For the petitioner/applicant Mr. Soujanya Bandyopadhyay Mr. Aditya Sinha ... For the opposite party no.1 In re: CAN 2 of 2024 1.

Both the learned counsel appearing on behalf of the parties to this application are present.

2.

Learned counsel appearing on behalf of the applicant/petitioner has submitted that by the order of the Hon'ble Apex Court, the period from 15th March, 2020 to 28th February, 2022 was exempted from the period of limitation. However, grounds have already been mentioned in the application for delay in filing the restoration application.

3.

Learned counsel appearing on behalf of the opposite party no.1 raised objection.

4.

Given facts and circumstances as well as the grounds mentioned in the application itself, the prayer for condonation of delay is allowed. The delay is condoned. 5.

CAN 2 of 2024 is, accordingly, disposed of.

In re: CAN 3 of 2024 6.

Learned counsel appearing on behalf of the petitioner/applicant has submitted that the instant application has been filed for restoration of the revisional application which was dismissed for default on 11th March, 2020.

7.

Learned counsel appearing on behalf of the opposite party no.1 raised objection in terms of delay in filing the instant application.

8.

Delay has already been condoned by this Court. 9.

Therefore, I find no justification to refuse the prayer for restoration of the revisional application to its original file and number.

10.

Accordingly, let the order dated 11th March, 2020 be recalled and the civil revision, being CO 2263 of 2013, is restored to its original file and number.

11.

The application, being CAN 3 of 2024, stands disposed of accordingly.

12.

Let the revisional application appear in the Combined Monthly List of November, 2024.

(Bibhas Ranjan De, J.)