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[Cites 1, Cited by 3]

Calcutta High Court (Appellete Side)

Sk Salim Ali vs State Of West Bengal & Ors Opposite Party on 5 April, 2013

Author: Biswanath Somadder

Bench: Biswanath Somadder

05.04.2013
   (PP)


                          W. P. 13758 (W) of 2011



                      Mr. Sudep Sanyal,
                      Ms. Lopamudra Moitra
                                                 ....for the applicant.


                      Re : CAN 10260 of 2012



                   In spite service none appears on behalf of the respondent no.4

when the matters are taken up for consideration.

After considering the submission made by the learned advocate for the applicant/petitioner and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown to explain the delay in filing the restoration application and as such the delay is condoned. The application for condonation of delay, being CAN 10260 of 2012, is allowed.

Re : CAN 10259 of 2012 Having heard the learned advocate for the applicant/petitioner, I am satisfied that sufficient cause has been shown in the instant application to explain the absence of the learned advocate in not being able to be present in Court on 2nd April, 2012, when the matter was dismissed for default.

In such circumstances, the instant application for restoration is allowed.

The order dated 2nd April, 2012, is hereby recalled and the matter is restored to its original file and number.

The writ petition, being W. P. 13758 (W) of 2011, shall appear under the heading 'Motion' in the combined monthly list to be published for the month of May, 2013.

(Biswanath Somadder, J.) First Sheet HIGH COURT AT CALCUTTA Civil Appellate Side CASE NO. WP/13758W of 2011 In the matter of SK SALIM ALI Petitioner versus STATE OF WEST BENGAL & ORS Opposite Party For Petitioner : KOYEL PRADHAN For Respondent :

BEFORE : Hon'ble JUSTICE BISWANATH SOMADDER ________________________________________________________________________________ Noting by Office|Serial| Date|Office Notes,orders or proceedings with signature or Advocate |no | | ________________________________________________________________________________ 05/04/13