Shri Shyamal Sarkar & Ors vs Unknown
2022 Latest Caselaw 1091 Cal

    12
8.3.2022
     sb
ct. no. 35

                                        CRR 2227 of 2006
                                            with
                                         CRAN 1 of 2022


                In the matter of : Shri Shyamal Sarkar & ors.
                                                            ...Petitioners


                Mr. Rabi Shankar Chattapadhyay
                Mr. Uday Shankar Chattapadhyay
                Mr. Santanu Maji
                Ms. Trisha Rakshit         ...for the petitioners

                Mr. Binay Panda
                Mr. Subham Bhakat              ...for the State


                                In Re: CRAN 1 of 2022


                   Learned advocate for the petitioners and for the State are

             present before this court.

                   Learned advocate for the petitioner moves the application

             being CRAN 1 of 2022 praying for restoration of CRR 2227 of

             2006 which was dismissed on 1.8.2019 due to the default on the

             part of the petitioners.

                   Learned advocate further submits that the revisional

             application was filed by the petitioners against the judgment and

             order of conviction and sentence passed against them in C.R.

             Case no. 413 of 1999 where the petitioners were imposed a

             substantive sentence of two months and Rs. 500/- each in

             default to suffer imprisonment for 15 days.

                   The grounds for restoration and cause for delay have been

             stated in paragraphs 4 to 11. I am of the view that though this

             application has been filed after a long delay of more than two
                            2




years, the petitioners should have an opportunity to contest

their case on merit.

      The application for restoration, being CRAN 1 of 2022 is

thus allowed. The revisional application being CRR 2227 of 2006

is restored to its original number and file on condition that no

interim order shall be passed in favour of the petitioners during

pendency of the application.

      Let the matter be listed for hearing on 21st April, 2022. In

the meantime, the petitioners are directed to serve a fresh notice

upon the opposite party no. 2, the private respondent and file

affidavit of service on the next date of hearing.

(Ananda Kumar Mukherjee, J.)