Calcutta High Court (Appellete Side)
In Re.: Allahabad Bank vs Mr. Sandipta Gangopadhya on 4 August, 2015
Author: Nishita Mhatre
Bench: Nishita Mhatre
1
05 04.08.2015
rpan Ct. No.17 MAT No. 699 of 2015
with
CAN Nos. 6122, 6979 and 6981 of 2015
In Re.: Allahabad Bank
- Appellant
Vs.
Mr. Sandipta Gangopadhya
- Respondent
Mr. Kishore Dutta Mr. Partha Bhattacharya ... for the Appellant Mr. Biswaroop Bhattacharya Ms. Reshmi Ghosh Mr. Dipayan Kundu ... for the Respondent In Re.: CAN Nos. 6979, 6981 and 6122 of 2015 The application, being CAN No.6979 of 2015, has been filed for condoning the delay of 6 days in filing the restoration application, being CAN No.6981 of 2015.
The reasons stated in the application, filed under Section 5 of the Limitation Act, in our opinion, are satisfactory and, therefore, the delay should be condoned and the application, being CAN No.6979 of 2015, is allowed.
The application, being CAN No.6981 of 2015, has been filed to restore the appeal, which was dismissed as a result of the default in curing the defects in the appeal. The order dated 8th June, 2015 was a self-operative order passed by the Division Bench directing that if the defects were not cured by the next date ie., by 9th June, 2015 the appeal would stand dismissed.
We have considered the application and we find that there were sufficient reasons which prevented the learned advocate-on-record from curing the defects immediately after 2 the order was passed and within the time stipulated in the order.
Therefore, the application is allowed. The appeal is restored to file. The stay granted by the order dated 8th June, 2015 will also revive for the period mentioned in the order.
The application, being CAN No.6981 of 2015, is disposed of.
The defects be rectified immediately. Paper books to be filed within 15 days. The application, being CAN No.6122 of 2015 is dismissed as infructuous.
(Nishita Mhatre, J.) (Asha Arora, J.)