Calcutta High Court (Appellete Side)
Midnapore Peoples' Co-Operative Bank ... vs Chunilal Nanda & Ors on 21 March, 2014
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
21.03.14
10/akd
F.M.A. 309 of 2014
with
C.A.N. 10784 of 2013
Midnapore Peoples' Co-operative Bank Ltd. & Ors.
-Vs-
Chunilal Nanda & Ors.
....................................................................................................................................
Mr. Pabitra Charan Bhattacharyya, Mr. Manas Ghosh ... ... for the appellants Mr. Kamal Mishra, Mr. Tamal Taru Panda ... ... for the respondent No. 1/writ petitioner Re : C.A.N. 10784 of 2013 This application has been filed for recalling of the order dated 30th September, 2013 passed earlier by a Division Bench of this court whereby the appeal and the connected application filed by the appellants/petitioners herein was dismissed on the ground of default and interim order, if any, also stood vacated.
Despite service of notice, none appears on behalf of the State-respondents to oppose the prayer made in this application. Affidavit-of-service filed today on behalf of the appellants/petitioners be kept on record.
Having heard the learned Advocate representing the appellants/petitioners as well as the learned Advocate representing the respondent No. 1/writ petitioner and further considering the averments 2 made in this application, we are satisfied that the learned Advocate representing the appellants/ petitioners was prevented by sufficient cause from appearing before the court at the time of hearing of the matter.
We are also satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned by the appellants/petitioners herein for recalling the earlier order dated 30th September, 2013 so that the appeal and the connected application can be decided on merits in near future after restoration.
Accordingly, the order dated 30th September, 2013 passed earlier by this court dismissing the appeal and the connected application stands recalled.
Let the appeal and the connected application be restored to its original file and number.
This application thus stands allowed. There will be no order as to costs. Let urgent xerox certified copy of this order, if applied for, be given to the learned Advocates of the parties on usual undertaking.
(Pranab Kumar Chattopadhyay, J.) (Samapti Chatterjee, J.)