Sukumar Samanta vs Amit Kumar Das
2023 Latest Caselaw 751 Cal

AD-60&61
Ct No.09
25.01.2023
TN
                             CPAN 824 of 2022
                                    In
                           WPA No. 302 of 2022
                           IA No: CAN 1 of 2022

                               Sukumar Samanta
                                     Vs.
                                Amit Kumar Das


             Mr. Ziaul Haque
                                             .... for the petitioner/
                                respondent in the recall application

Mr. Malay Kumar Roy .... for the respondent-Bank

In Re: IA No: CAN 1 of 2022

A final order on merits was passed in WPA

No. 302 of 2022 on April 29, 2022. It is seen from the

said order that none appeared on behalf of the

respondents when the matter was called on for

hearing.

It is submitted by learned counsel for the

respondent in the present recall application, that is,

the original writ petitioner, that the Bank was

unrepresented on several occasions before this court.

Learned counsel appearing for the applicant-

bank in the recall application submits that an appeal

was preferred against the order of this court in which

the concerned Division Bench did not interfere with

the judgment and order of this court. However, the

Division Bench permitted the respondent-bank to

approach this court with appropriate application

seeking an opportunity by placing its case before this

court. If the applicant does so, the Division Bench

observed vide order dated August 05, 2022 passed in

MAT 879 of 2022, this court may consider such

application and pass appropriate orders as this court

may deem fit and proper.

In deference to the spirit of the order of the

Division Bench and taking into consideration the

averment of the respondent-bank that its counsel was

personally indisposed, for which he could not appear

on the relevant date, IA No: CAN 1 of 2022 is allowed,

thereby recalling the order dated April 29, 2022

passed in WPA No. 302 of 2022 and restoring the said

writ petition to its original file and number. Keeping in

view the urgency involved, since the petitioner claims

retirement benefits, the matter shall be listed for

hearing on February 16, 2023. It is expected that the

bank shall remain present positively on the said date.

There will be no order as to costs.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)