Kanailal Sardar & Ors vs Indian Oil Corporation & Ors
2023 Latest Caselaw 4738 Cal

03.08.2023

AN/Ct. No.07 WPA 23964 of 2014 (IA No. CAN 2 of 2023)

Kanailal Sardar & ors.

versus Indian Oil Corporation & ors.

Mr. Samim Ahmed Mr. Arka Maiti Mr. Ambiya Khatun Ms. Saloni Bhattacharyya Mr. Arka Ranjan Bhattacharyya Mr. Aniruddha Singh ... for the petitioners

Mr. Soumya Majumdar Mr. Victor Chatterjee Ms. Sarmistha Ghosh Mr. Tirthankar Nandi ... for the I.O.C.L.

In Re: CAN 2 of 2023

CAN 2 of 2023 is an application for restoration of

the instant writ petition by recalling the order dated

06.07.2023. Upon perusing the statements made in the

application and after hearing the learned advocates for the

parties, this Court is of the considered view that the

petitioner was prevented by sufficient cause for not

appearing when the writ petition stood dismissed for

default. In view thereof, the order dated 06.07.2023,

insofar as it relates to WPA 23964/2014, is recalled and

the writ petition is restored to its original file and number.

Accordingly, CAN 2 of 2023 is allowed.

The writ petition is taken up for immediate

consideration.

In Re: WPA 23964 of 2014

Heard learned counsel for the parties at length.

Hearing is concluded. Judgment stands reserved.

(Hiranmay Bhattacharyya, J.)