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2025 DAILYLAW 57492 (CAL)

HITENDRA DAMANI AND ORS. v. AMIYA CHORONE ROQUITTEE ALIAS AMIYA CHARAN RAKSHIT

APOT/310/2024 · 2025-09-03

Arijit Banerjee, Om Narayan Rai

body2025

Judgment text

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OD-4 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IA NO. GA/2/2025 In APOT/310/2024 HITENDRA DAMANI AND ORS. VERSUS AMIYA CHORONE ROQUITTEE ALIAS AMIYA CHARAN RAKSHIT BEFORE: The Hon’ble JUSTICE ARIJIT BANERJEE AND The Hon’ble JUSTICE OM NARAYAN RAI Date : 3rd September, 2025. Appearance: Mr. Dhiraj Kr. Gupta, Adv. Mr. Swarup Saha, Adv. …for the appellant Mr. Meghnad Dutta, Adv. Mr. R. Upadhyay, Adv. …for the respondent Dictated by Arijit Banerjee, J. IA No. GA/2/2025 The Court: This is an application for restoration of APOT/310/2024 which was dismissed for default on April 21, 2025 along with a connected application. Having heard learned Counsel for the parties, we are satisfied with the explanation furnished for absence of learned Advocate for the appellants on the day the matter was dismissed for default. Accordingly, the order dated April 21, 2025 is recalled. APOT/310/2024 is restored to its original file and number along with GA/1/2024. GA/2/2025 is disposed of. 2 APOT/310/2024 Learned Advocate for the respondent/plaintiff says that his client has withdrawn the suit. Hence, the appeal has become infructuous. The appeal being APOT/310/2024 is disposed of along with the connected application being GA/1/2024 treating the same as on the day’s list. Interim order, if any, stands vacated. (ARIJIT BANERJEE, J.) (OM NARAYAN RAI, J.) R.Bhar