Harish Chandra Roy v. State Of West Bengal & ANR

4.2.2022 sb CRR 3664 of 2018 With CRAN 2 of 2020 (Old CRAN 694 of 2020) (Via video conference) In the matter of : Harish Chandra Roy .......Petitioner Mr. Uday Shankar Chattopadhyay Mr. Santanu Maji Ms. Snigdha Saha .......for the Petitioner Mr. Swapan Banerjee Ms. Debjani Sahu ...for the State Affidavit of service so filed by the learned advocate for the petitioner, be kept with the record.

The learned advocate for the petitioner submits that for reasons beyond control, the learned advocate for the petitioner could not be represented before the Court and as such the matter was dismissed for default.

Additionally, it has been submitted that the litigant should not suffer because of fault of learned lawyer. Having regard to the reasons so assigned, I am of the opinion that the same is justified and reasonable and an audience on merit is warranted in the facts and circumstances of the case. Thus, the application for restoration being CRAN 694 of 2020 is allowed.

The learned advocate for the petitioner is directed to inform the private opposite party regarding the next date fixed for hearing.

Mr. Banerjee, learned advocate for the State submits that a copy of the revisional application is yet to be received. Without going into the merits of case, I direct the learned advocate for the petitioner to serve a copy of the revisional application upon Mr. Banerjee, learned advocate for the State.

List this matter on 1st March, 2022 under the heading "Contested Application".

All parties are to act on the server copy of this order, duly obtained from the official website of this Court. (Tirthankar Ghosh, J.)