The High Court allowed a criminal appeal application for restoration. The court recalled an impugned order dismissing the appeal due to default regarding informal paper books.
CAN 6/2024 allowed; dismissal order recalled; appeal restored to original file; trial court record called for from respondent.
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28.03.2025
Ct.No. 24 Sl.No. 19 Amalranjan
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE
SAT 3085 of 2006 With CAN 6/2024
Badrul Hassan since deceased Rep. by Musstt Samsunnesa and ors. VS Khatija Khatoon and ors.
Mr. Arindam Banerjee, Sr. Adv. Mr. Chayan Gupta Mr. Raja Baliyal Mr. Rajarshi Ganguly Mr. Vidya Bhusan Upadhyay
…for the appellants
Mr. Haradhan Banerjee Mr. Amitava Pain Mr. Partha Pratim Mukhopadhyay
…for the respondents
application for restoration of appeal which was dismissed for default by the Hon’ble Division Bench of this court on 23rd September, 2024 as amended on 27th September, 2024. It appears that the Hon’ble Division Bench sitting in the
Lawazima jurisdiction has passed the
order for dismissal on the ground that the appellants have not prepared the informal paper books, though there is a specific direction. The appellants are
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directed to file the paper books within
this day’.
appellants submits that he has submitted the informal paper books with the concerned department being filing Serial No. 4 dated 28th March, 2024.
learned counsel appearing for the respondents submits that he has received the copy of the said informal paper book.
made on behalf of the appellants, let CAN 6/2024 be considered and allowed.
passed by the Hon’ble Division Bench under Lawazima jurisdiction on 23rd September, 2024 as amended on 27th September, 2024 is hereby recalled.
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through Special Messenger, cost to be
borne by the respondent.
appropriate Bench having determination.
( Subhendu Samanta, J. )
Badrul Hassan since deceased Rep. by Musstt Samsunnesa and ors.
Khatija Khatoon and ors.
Subhendu Samanta
As recorded by the court registry
2 orders share this CNR
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