Emajuddin Sheikh & ORS v. Union Of India & ORS

27.09.2023 rpan/04 IA No.: CAN 2 of 2023 in IA No.: CAN 1 of 2022 in WPCT 124 of 2019 Emajuddin Shaikh & Others - Versus - Union of India & Others Mr. Banshari Mohan Goswami ... for the Applicants/Petitioners.

Mr. Samitendra Narayan Dutta ... for the UoI/Respondents.

In Re.: IA No.: CAN 2 of 2023 Affidavit-of-service filed by the petitioners be kept on record.

Upon hearing the learned advocates appearing for the respective parties and considering the materials on record, we are satisfied with the explanation given towards absence of the learned advocate of the applicants/petitioners before the co-ordinate Bench of this Court on 24th March, 2023 when the application for restoration was dismissed for default.

Accordingly, the order dated 24th March, 2023 is recalled and the restoration application, being IA No.: CAN 1 of 2022 is restored to its original file and number. The application for recalling, being IA No.: CAN 2 of 2023 is disposed of.

IA No.: CAN 1 of 2022 Upon hearing the learned advocates and upon perusal of the records, we are satisfied with the

explanation given towards absence of the learned advocate of the petitioners on 6th December, 2019 before the coordinate Bench of this Court when the writ petition was dismissed for default.

Accordingly, the order dated 6th December, 2019 is recalled and the writ petition is restored to its original file and number.

The application, being IA No.: CAN 1 of 2022 is disposed of.

Liberty to mention for enlistment of the writ petition upon notice to the respondents.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)