The High Court allowed two applications for restoration of appeals (FMA 4416 of 2016 and MAT 888 of 2014) that had been dismissed for default, directing their file restoration and listing the matters thereafter.
CAN 4 of 2023 and CAN 2 of 2023 allowed; appeals restored to original file and number; matters listed after two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
18.07.2024 sayandeep Sl. No. 08 & 09 Ct. No. 08
FMA 4416 of 2016 With CAN 4 of 2023 State of West Bengal & ors. Vs. Khabiruddin Ahmed & ors.
With
MAT 888 of 2014 with CAN 2 of 2023 State of West Bengal & ors. Vs. Md Asraf Ali & ors.
Mr. Somnath Naskar
… for the appellants
Mr. Tapan Kr. Mukherjee, Ld. AGP Mr. Samimul Bari Mr. Somnath Naskar
….. for the State
Mr. Sobhan Majumder
….. for the respondents
In Re: CAN 4 of 2023 in FMA 4416 of 2016
This is an application seeking for restoration of the appeal which was dismissed for default on 4th September, 2023. The grounds stated in the application at paragraphs 4, 5, 6 and 7 appears to be satisfactory and as such there is no impediment in allowing the application. Let the appeal be hereby restored to its original file and number.
Accordingly, the application being CAN 4 of 2023 is hereby allowed.
2
In Re: CAN 2 of 2023 in MAT 888 of 2014
This is an application seeking for restoration of the appeal which was dismissed for default on 4th September, 2023. The grounds stated in the application at paragraphs 4, 5, 6 and 7 appears to be satisfactory and as such there is no impediment in allowing the application. Let the appeal be hereby restored to its original file and number.
Accordingly, the application being CAN 2 of 2023 is hereby allowed.
In Re: FMA 4416 of 2016 & MAT 888 of 2014
Let the matters appear in the list after two weeks.
(Harish Tandon, J.)
(Prasenjit Biswas, J.)
1 issue framed by the court
Whether an application for restoration of an appeal dismissed for default should be allowed.
State of West Bengal & ors.
Khabiruddin Ahmed & ors.
State of West Bengal & ors.
Md Asraf Ali & ors.
Harish Tandon
Prasenjit Biswas
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
