Mallik Constructions v. Smt Anita Bhandari And ORS

OD-1

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE IA NO:GA/3/2024 In APOT/466/2023 with WPO/1741/2022 MALLICK CONSTRUCTIONS VS.

SMT. ANITA BHANDARI & ORS.

BEFORE:

The Hon'ble JUSTICE ARIJIT BANERJEE AND The Hon'ble JUSTICE APURBA SINHA RAY Date : January 17, 2024.

Appearance:

Mr. Sounak Bhattacharya, Adv.

Mr. Abhishek Mukherjee, Adv.

...for Appellant Mr. Soumitava Chakraborty, Adv.

....for respondent no.1 Mr. Srijan Nayak, Adv.

Ms. Piyali Sengupta, Adv.

...for KMC Re: GA/3/2023 The Court: This is an application for restoration of the appeal being APOT/466/2023, which was dismissed on January 8, 2024, along with the connected applications (GA/1/2023 and GA/2/2023).

Having heard learned counsel for the parties and having gone through the restoration petition, we are satisfied with the

explanation furnished for absence of learned advocate for the appellant on the day the matter was dismissed. Accordingly, the order dated January 8, 2024 is recalled. The appeal is restored to its original file and number. GA/3/2023 is disposed of.

Re : GA/1/2023 This is an application for leave to appeal against a judgement and order dated December 13, 2023. We are told that a subsequent order has been passed by the learned Single Judge on January 9, 2024. Therefore, nothing really remains in the proposed appeal. It will be meaningless to grant leave to appeal. GA/1/2023 is dismissed.

Consequently, the appeal (APOT/466/2023) and the other connection application (GA/2/2023) also stand dismissed. (ARIJIT BANERJEE, J.) (APURBA SINHA RAY, J.) sm