04.02.2026 Ct. No.09 SL. No.31 (NMD) <,,,,,, FMA 500 of 2010 With IA No: CAN 2 of 2011(Old No: CAN 5115 of 2011) Rani Devi & Anr. Vs. The Oriental Insurance Company Ltd. & Ors. Mr. Saidur Rahaman ….for the Appellants In Re:- IA No: CAN 2 of 2011(Old No: CAN 5115 of 2011) 1. Learned Advocate for the appellants is present. 2. This application for recalling of the order dated 03.05.2011 and restoration of this appeal is taken up for consideration. 3. None appears for the respondents/Insurance Company in spite of service of notice. Thus this application is taken up in their absence. It appears from the record that the direction was issued by the Hon’ble Division Bench on 29.03.2010 to take steps for service of notice of appeal upon Insurance Company by putting in requisite Talabana within a week from the date, in default, the appeal shall stand dismissed. 4. It is the contention of the appellants that due to mistake the same was not deposited and it was ultimately deposited on 16.04.2010. 5. As this matter thereafter, appeared before the Registrar (Administration) on 03.05.2011 a formal order of dismissal of appeal was passed. Upon hearing the 2 learned Advocates and considering the ground shown this Court is of the view that in the interest of justice the order dated 03.05.2011 should be recalled and the order of dismissal should be set aside and this appeal being FMA 500 of 2010 should be restored to its file. 6. Thus this application is allowed, the appeal FMA 500 of 2010 is restored to its original file and number. 7. Let the matter appear for report on 24.02.2026. 8. Mr. Rajesh Singh, learned Advocate is requested to take necessary instruction from the respondent no.1/Insurance Company and either appear himself or engagement any other junior in this matter. < (Biswaroop Chowdhury, J.)