Calcutta High Court (Appellete Side)
Sri Kartick Chandra @ Kumar Jana & Anr vs State Of West Bengal & Ors on 16 August, 2019
Author: Protik Prakash Banerjee
Bench: Protik Prakash Banerjee
1
31
16.8.2019
jb.
CAN 2539 of 2019
+
CAN 2540 of 2019
in
W.P. 14984(W) of 2018
Sri Kartick Chandra @ Kumar Jana & Anr.
vs.
State of West Bengal & Ors.
Mr. Satyajit Mondal
Mr. Ratul Ghosh
.... For the Applicants-Petitioners
Affidavit of service filed in Court today is kept on record.
Copies have been served on the opposite parties.
Re: CAN 2540 of 2019
This is an application for condonation of delay for taking out
the application for restoration being CAN 2539 of 2019 for
recalling the order dated December 3, 2018 by which the writ
petition was dismissed for default.
I have gone through the cause made out inter alia, at
paragraphs 3, 4, 7, 8 and 9 of the application for condonation of
delay and find that the cause for not taking out the application
within due time has been satisfactorily explained.
2
None has appeared for the respondents despite service.
CAN 2540 of 2019 is allowed and the delay in making the application for restoration is condoned and the same shall be taken on file and registered, if otherwise in form.
Re: CAN 2539 of 2019 This is an application for restoration after recalling the order dated December 3, 2018 passed in W.P. 14984(W) of 2018. The cause shown is the same as that which caused the delay in taking out the application for condonation of delay which I have already held appears to be sufficient. Since none has appeared for the respondents to oppose this application, the application for restoration of the writ petition being W.P. 14984(W) of 2018 is allowed and the writ petition is restored to file in its original form and number.
Post the writ petition on August 27, 2019. 3 Learned advocate for the petitioner shall cause service of this order and intimate the date when the writ petition shall appear for hearing on all the respondents.
The matter shall appear in the supplementary list on August 27, 2019 as aforesaid as upgraded hearing.
(Protik Prakash Banerjee, J.)