M/S Annapurna Cast Ltd v. M/S Super Forgings And Steels Ltd

OD-5

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE APOT/173/2023 WITH ACO/1/2023 CP/214/2002 IA NO. ACO/1/2023 M/S. ANNAPURNA CAST LTD.

VS.

M/S. SUPER FORGINGS AND STEELS LTD.

BEFORE:

The Hon'ble JUSTICE ARIJIT BANERJEE The Hon'ble JUSTICE OM NARAYAN RAI Date : 23rd April, 2025.

Appearance:

Mr. Arif Ali, Adv.

Mr. Sarban Bhattacharjee, Adv.

...for the appellant Mr. Anubhav Singh, Adv.

...for the respondent company The Court : This appeal is directed against an order dated May 17, 2023, whereby a Learned Judge of this Court dismissed CA/2/2023. The application was one for restoration of CA/1/2022 which itself was an application for restoration of CP/214/2002.

We have heard learned counsel for the parties. While we do not appreciate the indolence and inaction on the part of the appellant which is a limited company and a commercial entity, taking a lenient view of the

matter, we allow this appeal and set aside the order under appeal upon the appellant paying costs assessed at Rs.20,000/- to be paid to the West Bengal State Legal Services Authority within a week from date. In default of payment of such cost, this order shall automatically stand recalled. Resultantly, CA/2/2023 is allowed and CA/1/2022 stands revived. APOT/173/2023 is accordingly disposed of along with the connected application being IA NO.ACO/1/2023.

(ARIJIT BANERJEE, J.) (OM NARAYAN RAI, J.) kc.