An appeal dismissed for default along with its applications was sought to be restored. Delay in the restoration application was condoned, the dismissal order recalled and the appeal restored. As the impugned order had already been complied with, the appeal was disposed of without further orders.
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25.11.2025 Item No.01 Court No.11 Avijit Mitra
MAT 822 of 2019
with IA No.CAN 3 of 2025 with IA No.CAN 4 of 2025
State of West Bengal & ors. - versus - Sushanta Ray & ors.
Mr. Swapan Banerjee, Ld. G.P. Mr. Pinaki Dhole, Mr. Somen Chatterjee …for the appellants Mr. Biswaroop Biswas, Ms. Nupur Choudhuri …for the respondent no.1/writ petitioner
Records reveal that the appeal and the connected applications for condonation of delay and stay were dismissed for default by an order dated 2nd July, 2024. Subsequent thereto, the restoration application being IA No.CAN 3 of 2025 along with the application for condonation of delay being IA No.CAN 4 of 2025 has been filed.
Upon hearing the learned advocates appearing for the respective parties, the delay in preferring the restoration application is condoned and the application being IA No.CAN 4 of 2025 is disposed of.
We are also satisfied with the explanation given towards the absence of the learned advocate before
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the Court when the appeal and the connected applications were dismissed and accordingly, the order dated 2nd July, 2024 is recalled. The appeal and it’s connected applications are restored to their original file and number. The application being IA No.CAN 3 of 2025 is, accordingly, disposed of.
Today, we have been informed by the learned advocates appearing for the respective parties that the order impugned in the present appeal has already been complied with. Let the documents, as produced, be kept on record.
In view thereof, no further order is required to be passed in the present appeal and the connected applications and the same are, accordingly, disposed of.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.
(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)
1 issue framed by the court
Whether the appeal dismissed for default could be restored after condonation of delay in filing the restoration application.
State of West Bengal & ors.
Sushanta Ray & ors.
Partha Sarathi Chatterjee
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
