1 / 2 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Ct. No.1 MAT/1690/2026 Item No.DL/10 with Saikat Mukherjee CAN/1/2026 PURBA KALIKATA SARBOJANIN DURGOTSAV ]… Appellant Versus SAMIR SEN AND OTHERS ]… Respondents Appearance: Mr. Suddhasatta Banerjee with Mr. Deepan Kr. Sarkar, Mr. Pushan Kar, Mr. Sagnik Majumdar, Mr. Aurin Chakraborty, Mr. Devdas Saha and Ms. Adrija Dhar, for the Appellant; CORAM : RAVINDRA V. GHUGE, CJ. & OM NARAYAN RAI, J. DATE : 8th October, 2026. ORDER (Per Court) 1. On 05.10.2026, we accepted the request of the Learned Advocate for the Appellant to list this proceeding today in the ‘Urgent Supplementary List’, for disposal. We had expressed our view of dismissing this matter, on the said date. On his request, the matter was posted today. 1 / 2 2. This matter is at serial no.10 today in the ‘Urgent Supplementary List’. It was called out in the First Session. We, in fact, waited for almost ten minutes to enable the Learned Advocate for the Appellant to appear. Yet, none appeared. We suo moto granted a pass-over only to facilitate one more opportunity to the Appellant to work out this matter. The Learned Advocate for the Respondents has a written communication informing the Learned Advocate for the Appellant that the matter would be called out after lunch. When this matter is called out now, none appears for the Appellant, either in the Court hall or through the VC mode. 3. In view of the above, this Appeal is dismissed for default. Pending Civil Application would not survive and also stands disposed off. 4. We record that if the Appellant desires a restoration of the matter, the same shall be done either prior to the onset of the ensuing Vacation, or after vacation. We direct the Registry not to list the restoration Application, if filed, in the Vacation. (Om Narayan Rai, J.) (Ravindra V. Ghuge) Chief Justice