Calcutta High CourtWPA/26650/2017dismissed for default

Joydeep Sen & ANR. v. State Of West Bengal & ORS.

2019-09-13Hon'Ble Justice Suvra Ghosh2 pages

23.12.2021 rc/ct.no.10 Item No.01 WPA No. 26650 of 2017 With CAN No. 1 of 2020 (Old No. CAN/948/2020) And CAN No. 2 of 2020 (Old No. CAN/949/2020) Mr. Joydeep Sen & Anr.

Versus

State of West Bengal & Ors.

Mr. Partha Sarathi Mullick ...for the applicants/petitioners Mr. Chandi Charan De Mr. Soumitra Bandyopadhyay Mr. Bipin Ghosh Mr. Somnath Mukherjee ...for the State Re : CAN No. 2 of 2020 (Old No. CAN/949/2020) This is an application for condonation of delay in filing the application for restoration of the writ petition. Sufficient grounds being made out, delay in filing the restoration application is condoned.

CAN No. 2 of 2021 is disposed of accordingly. There shall be, however, no order as to costs. Re : CAN No. 1 of 2020 (Old No. CAN/948/2020) This is an application for restoration of the writ petition which was dismissed for default by an order dated September 13, 2019.

Sufficient grounds being made out by the petitioner as to his non-appearance on the relevant date, CAN No. 1 of 2020 (Old No. CAN/948/2020) is allowed.

Learned counsel appearing on behalf of the Staterespondents also raises no objection to this application. The order dated September 13, 2019 is recalled/set aside.

WPA No. 26650 of 2017 is restored to its file and number.

CAN No. 1 of 2020 (Old No. CAN/948/2020) is disposed of accordingly.

There shall be, however, no order as to costs. Re : WPA No. 26650 of 2017 Let this matter appear under the heading "Motion" January 17, 2022.

(Suvra Ghosh,J)