Allowed

Pasupati Das v. the Members of Mnging. Comm. Represented by Anil Kr. Pal

Calcutta HC11 Nov 2024FMA/3697/2014

Case brief

AI extract

What is this about?

The court allowed an application to restore applications CAN 3 and CAN 4 of 2023, recalling an order of dismissal for default. It also allowed a delay in filing a restoration application related to FMA 3697 of 2016 and restored that appeal.

What did the court decide?

The absent applications were restored to the original file and numbers; orders of dismissal were recalled; delay was condoned.

Pasupati Das Vs the Members of Mnging. Comm… — Service and Employment | Calcutta HC (2024)

¶1

28 11.02. FMA 3697 of 2014 2025 IA No. CAN 2 of 2018 (Old No. CAN 9909 of 2018) IA No. CAN 3 of 2023 Ct. No. 08 IA No. CAN 4 of 2023

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Ab IA No. CAN 5 of 2024

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Pasupati Das Vs.

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The Members of Managing Committee represented by the Secretary Sri Anil Kumar Pal of Howrah Rabindra Vidyamandir (High) School and others.

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Ms. Sohini Bhattacharya. … for the appellant. Ms. Koyeli Bhattacharya, Mr. Bibek Dutta. … for the WBBSE.

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Re: CAN 5 of 2024

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This is an application for restoration of CAN 3 of 2023 and CAN 4 of 2023 by recalling the order dated 11^th November 2024 whereby and whereunder the said two applications were dismissed for default on account of the absence of the appellant.

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On perusal of the petition under consideration and after hearing the learned Advocates for the contending parties, we are satisfied that the appellant is successful in justifying his absence on 11^th November 2024 when the aforesaid applications were called for hearing.

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Accordingly, the instant application is allowed. Consequently, the order dated 11^th November 2024 stands hereby recalled.

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The applications being CAN 3 of 2024 and CAN 4 of 2024 are restored to its original file and numbers.

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Re: CAN 3 of 2024 and CAN 4 of 2024

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By filing the instant two applications the appellant has prayed for recalling the order of dismissal as passed on 25^th April 2016 by condonation of delay in Lawazima.

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On perusal of the petitions under considerations and after hearing the learned Advocates for the contending parties, we are inclined to allow the prayers of the appellant.

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Accordingly, the delay in filing the application for restoration is hereby allowed.

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The application for recalling the order of dismissal as passed on 25^th April 2016 is also allowed.

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Consequently, FMA 3697 of 2014 is restored to its original file and number.

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The appellant is directed to put in the Talabana in course of this week positively.

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Let the appeal be listed in the Monthly Combined List of cases for the month of March 2025.

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(Harish Tandon, J.)

¶22

(Partha Sarathi Sen, J.)

Pasupati Das v. the Members of Mnging. Comm. Represented by Anil Kr. Pal

Case brief

What is this about?

What did the court decide?

Pasupati Das v. the Members of Mnging. Comm. Represented by Anil Kr. Pal

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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