MESSERS J K OVERSEAS PVT LTD v. THE KOLKATA METROPOLITAN DEVELOPMENT AND ORS
MAT/2134/2024 · 2025-04-30
Sabyasachi Bhattacharyya, Uday Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47154 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47154 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
18th August, 2025 (AK) 19-20
M.A.T 2132 of 2024 IA No: CAN 2 of 2025
Messers J.K. Overseas Private Limited Vs. The Kolkata Municipal Corporation and others
With M.A.T 2134 of 2024 IA No: CAN 2 of 2025
Messers J.K. Overseas Private Limited Vs. The Kolkata Metropolitan Development Authority and others
Mr. Haradhan Banerjee Md. Nurul Haque Mr. Nilmani Das ...for the appellant.
Mr. Debjit Mukherjee Ms. Priyanka Jana ...for the State-respondents In Item no.19. Mr. Vijay Agarwal Mr. Proshant Kumar Tripathi ...for the State-respondents In Item no.20.
Ms. Piyali Sengupta Ms. Debangana Dey Nayak ...for the KMC.
Mr. Satyajit Talukder Mr. Arindam Chatterjee ...for KMDA.
1. The receipts of service filed in court today be kept on record.
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2. Heard learned counsel for the parties.
3. The two applications, bearing CAN 2 of 2025 respectively in connection with MAT 2132 of 2024 and MAT 2134 of 2024, have been filed for restoration of the said two appeals, which were dismissed for default by a common order dated April 30, 2025.
4. The limitation period of thirty days for filing a restoration application expired on or about May 30, 2025, during the Summer Vacation of this court.
5. The summer vacation ended on June 8, 2025 and the applications were filed on the very next working day, that is, on June 9, 2025.
6. As such, the applications were filed within time.
7. Upon perusing the averments made in the applications, we find that sufficient reason for the absence of the appellant on the relevant date, that is, the illness of the learned Advocate for the appellant, has been made out.
8. Accordingly, both applications, bearing CAN 2 of 2025, respectively in connection with MAT 2132 of 2024 and MAT 2134 of 2024 are allowed, thereby recalling the order dated April 30, 2025 and restoring MAT 2132 of 2024 and MAT 2134 of 2024 to their original files and numbers.
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9. Liberty to the parties to mention the main matters before the appropriate Division Bench having determination.
(Sabyasachi Bhattacharyya, J.)
(Uday Kumar, J.)