Item No.2 09.04.2026 Court. No. 12 GB FMA 1380 of 2017 With CAN 3 of 2025 With CAN 4 of 2025 West Bengal Comprehensive Area Development Corporation & Ors. Vs. Pran Krishna Dutta & Anr. Mr. Subir Kumar Bhattacharyya … for the Appellants. Mr. Manoranjan Jana … for the Respondents. In Re: CAN 3 of 2025 1. CAN 3 of 2025 is an application for condonation of delay of 162 days in filing the application for restoration. 2. Considering the averments in paragraphs 2 to 4 of the application, we are satisfied that the delay has been sufficiently explained. The grounds to oppose the prayer for condonation of delay taken in the affidavit-in-opposition by the writ petitioner/respondent no.1 are technical in nature. 3. Under such circumstances, we are of the view that the litigant cannot be blamed for the fault of the learned advocate who missed the list and who did not appear before the Court when the matter was taken up. 4. Accordingly, delay is condoned. 5. CAN 3 of 2025 is allowed. 6. Let the restoration application be regularized. 2 In Re: CAN 4 of 2025 7. This is an application for restoration of FMA 1380 of 2017, which was dismissed for default by a coordinate Bench, as none appeared on behalf of the appellants. 8. We are satisfied that the appellant was not in a position to urge the issues in the appeal as the learned advocate who was entrusted with the responsibility to conduct the litigation, was not available before the Court. We are of the view that the appeal should be restored to its original file and number. The litigant cannot suffer for the failure of the learned Advocate to represent his client. 9. Accordingly, CAN 4 of 2025 is disposed of. The appeal is restored to its original file and number. In Re: FMA 1380 of 2017 10. Let the matter appear on April 21, 2026 at 12.30 p.m. (Shampa Sarkar, J.) (Ajay Kumar Gupta, J.)