Calcutta High Court
Union Of India vs Manju Guha & Ors on 19 December, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
ORDER SHEET
GA No.2725 OF 2014
WITH
GA No.2728 of 2014
AP No.220 of 1997
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
UNION OF INDIA
Versus
MANJU GUHA & ORS.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 19th December, 2014.
Mr. Partha Sarathi Bose, Sr. Advocate
for the applicant.
The Court : G.A.2725 of 2014 is an application for condonation of
delay of 2590 days for filing of a restoration application in respect of a
setting aside application which was dismissed for default on 12th July, 2007. It
appears that the said matter was being handled by the Central Government's
advocate on behalf of the Executive Engineer, Coochbehar Central Division-II of
Central Public Works Department. There is simply no explanation provided in this
application as to what the advocate-on-record of the Central Government was
doing between the period 12th July, 2007 till the C.P.W.D. authorities came to
know of the dismissal of the setting aside application, upon receipt of a notice
from the District Judge, Coochbehar on 14th August, 2013, in respect of an
execution application taken out by the respondents.
In such circumstances, this Court directs the applicant to file an affidavit giving day to day explanation to be provided by the office of the advocate-on-record of the Central Government from the date of dismissal of the matter for default on 12th July, 2007 till 14th August, 2013, being the date when 2 the applicant came to know of the order of dismissal. Such affidavit shall be filed before this Court on or before the next date.
Let this matter appear along with G.A.2728 of 2014, for further consideration under the same heading on 16th January, 2015.
(BISWANATH SOMADDER, J.) pa