Calcutta High Court (Appellete Side)
Dhirendra Nath Ghosh & Ors vs The State Of West Bengal & Ors on 28 June, 2019
Author: Subrata Talukdar
Bench: Subrata Talukdar
1
28.06.2019
Ct. No. 26.
b.r.
15
W.P. 14535 (W) of 1986
with
CAN 5028 of 2019
With
CAN 5027 of 2019
Dhirendra Nath Ghosh & Ors.
-Vs.-
The State of West Bengal & Ors.
Ms. Juin Dutta Chakraborty
....... For the Appellants/petitioners.
Mr. T.M. Siddiqui
Mr. Nilotpal Chatterjee
...... for the State.
Party/Parties are represented in the order of their
name/names as printed above in the cause title.
Ms. Dutta Chakraborty, learned Advocate appearing for
the writ petitioners/Applicants correctly submits that the records
of the writ petition have been re-constructed.
The above position of fact is also borne out from the
Report of the Registry dated 25th April, 2019. Prior to its re-
construction, the writ petition was dismissed for default on 13th
July, 2018.
Ms. Dutta Chakraborty today appears in support of CAN
5027 of 2019 and CAN 5028 of 2019, which are respectively
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applications for restoration of the writ petition on recall of the
order dated 13th July, 2018 dismissing the writ petition for
default and showing cause for the delay in filing the restoration
application.
Mr. Chatterjee, learned Advocate led by Mr. Siddiqui,
learned Senior Government Advocate, appear for the State-
Respondents.
Having heard the parties and considering the materials placed, this Court finds that sufficient grounds have been made out by the writ petitioners/Applicants justifying recall of the order of dismissal for default dated 13th July, 2018.
Accordingly, delay, if any, in filing the application for restoration of the writ petition stands condoned.
Heard.
WP 14535 (W) of 1986 stands restored to its original file and number.
CAN 5027 of 2019 and CAN 5028 of 2019 stand thus disposed of.
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Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
(Subrata Talukdar, J.)