Page No.# 1/4 GAHC010135862025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/29/2025 MRS ANZITA SAIKIA DAUGHTER OF LATE DHRUBA KUMAR SAIKIA, RESIDENT OF HOUSE NO. 7, DEBDARU PATH, OPPOSITE MLA HOSTEL, P.O. AND P.S. DISPUR, GUWAHATI- 781006, DIST.- KAMRUP (M), ASSAM VERSUS UCO BANK AND 2 ORS REPRESENTED BY ITS BRANCH MANAGER/CHIEF MANAGER,DISPUR, GUWAHATI 781006 2:ZONAL MANAGER/DEPUTY GENERAL MANAGER UCO BANK ZONAL OFFICE MANI RAM DEWAN ROAD SILPUKHURI GUWAHATI- 781003 ASSAM P.O. AND P.S. SILPUKHURI 3:GENERAL MANAGER UCO BANK HEAD OFFICE 10 BTM SARANI KOLKATA- 700001 WEST BENGA Advocate for the Petitioner : MRS. A SAIKIA, Advocate for the Respondent : SC UCO BANK, Page No.# 2/4 Linked Case : WP(C)/33/2025 ANZITA SAIKIA DAUGHTER OF LATE DHRUBA KUMAR SAIKIA RESIDENT OF HOUSE NO. 7 DEBDARU PATH OPPOSITE MLA HOSTEL P.O. AND P.S. DISPUR GUWAHATI- 781006 DIST.- KAMRUP (M) ASSAM VERSUS UCO BANK AND 2 ORS DISPUR BRANCH REPRESENTED BY ITS BRANCH MANAGER/CHIEF MANAGER DISPUR GUWAHATI- 781006 2:ZONAL MANAGER/DEPUTY GENERAL MANAGER UCO BANK ZONAL OFFICE MANI RAM DEWAN ROAD SILPUKHURI GUWAHATI- 781003 ASSAM P.O. AND P.S. SILPUKHURI 3:GENERAL MANAGER UCO BANK HEAD OFFICE 10 BTM SARANI KOLKATA- 700001 WEST BENGAL ------------ Advocate for : PETITIONER IN PERSON Advocate for : SC. UCO BANK appearing for UCO BANK AND 2 ORS Page No.# 3/4 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 20/08/2025 Heard Mrs. A Saikia, petitioner in person. Also heard Mr. M Sarma, learned Standing counsel, UCO Bank. The present Misc. case has been filed praying for recalling of the order dated 11.06.2025 by which the connected writ petition being WP(C) No. 33/2025 was dismissed for default in view of the fact that the petitioner in person was absent on the said date. This Court while dismissing the said case for non-prosecution has also noticed that the petitioner in person had also remained absent on the earlier two dates of listing. I have perused the statements made in the present application towards justifying the absence of the petitioner in person on the dates when the case was so listed and on a perusal of the same find that the same are genuine and the petitioner had not deliberately avoided appearance before this Court in the matter. Mr. M Sarma, learned Standing counsel, UCO Bank has vehemently objected to the restoration of the writ petition and has contended that the petitioner had deliberately avoided appearing before the Court on the dates of listing of the matter. I have heard the learned counsel for the parties and also perused the materials available on record. At the outset, it is to be noted that the objection raised by Mr. M Sarma, learned Standing counsel, UCO Bank would not mandate an acceptance, inasmuch as no objection to the said Misc. Case has been filed, although the Misc. Case was so filed on 19.06.2025. Further, on a perusal of the reasons as set up in this Misc. case justifying the absence of the petitioner, on the dates of listing of the connected writ petition, this Court is of the considered view that the same indicates that the absence was not deliberate. In view of the above position, the absence would call for to be condoned and accordingly, this Page No.# 4/4 Court recalls the order dated 11.06.2025 and directs the Registry to restore the connected writ petition being WP(C) No. 33/2025 to its original file. Accordingly, Misc. case stands disposed of. JUDGE Comparing Assistant