Swapan Kumar Roy vs The State Of West Bengal & Another
2021 Latest Caselaw 3145 Cal

7
Court
No. 11   8.6.2021
G.S.Da
s                                      MAT 10 of 2020
                                               With
                                            CAN 1 of 2020
                                                And
                                            CAN 2 of 2021
                                        Swapan Kumar Roy
                                                -Vs-
                                The State of West Bengal & Another

                                      (Via Video Conference)


                    Mr. Jayanta Samanta
                    Ms. Karunamoyee Samanta
                                                       ... for the appellant

                    Mr. Manas Kumar Kundu
                    Mr. Sudip Sarkar
                                                       ... for the State


                          Party/Parties is/are represented in the order of

                    their name/names as printed above in the cause title.

                          Mr. Samanta, Learned Counsel, appears in

                    support of the appeal and its connected applications.



                          CAN 2 of 2021

                          One of the connected applications is CAN 2 of

                    2021, which is an application for restoration of the

                    appeal and the connected stay application upon recall

                    of the order of dismissal for default passed by the

                    Hon'ble Division Bench on the 9th of April, 2021.

                          Mr. Kundu, Learned Counsel, appears for the

                    State-respondents with Mr. Sarkar, Learned Advocate.

Heard.

Perused the contents of CAN 2 of 2021.

Cause shown is found to be sufficient.

The order dated 9th April, 2021 stands thus

recalled.

The appeal and the connected application, being

MAT 10 of 2020 and CAN 1 of 2020, stand respectively

restored to their original file and number.

CAN 2 of 2021 stands accordingly disposed of.

CAN 1 of 2020:

CAN 1 of 2020, which is an application for an

appropriate order filed in connection with the appeal,

is taken up for consideration next.

The attention of this Court is drawn to the final

adjudication of the Hon'ble Single Bench dated 17 th

December, 2019 in the writ petition. The issue before

the Hon'ble Single Bench was an issue connected to

his date of birth.

For the reasons as stated in the judgment and

order impugned dated 17th December, 2019, the

prayer of the writ petitioner stood dismissed.

Having heard the parties and considering the

materials placed, this Court is of the view, at this

stage, that the appeal and the connected application

can be best proceeded with further by requiring the

appellant to prepare an Informal Paper Book(s) of all

the papers placed before the Hon'ble Single Bench.

Let the Informal Paper Book(s) be prepared

within a period of two weeks from this date.

Let requisite number of Informal Paper Book(s)

be filed and also served on Learned State Counsel.

Liberty to mention for enlistment before the

appropriate Bench immediately after the preparation

of the Informal Paper Book(s), strictly upon notice to

each other.

All parties to act on a server copy of this order

duly obtained from the official website of the Hon'ble

High Court, Calcutta.

(Kausik Chanda, J.) (Subrata Talukdar,J.)