Ab vs Sri Goutam Dey
2023 Latest Caselaw 7173 Cal

156   16.10.                          FMA 760 of 2023
      2023                            IA No. CAN 3 of 2023
      Ct. No. 04
                             M/s. Maa Construction and another
         Ab                                  Vs.
                                      Sri Goutam Dey.

                                                ---------------

Mr. Arindam Chattopadhyay,, Ms. Lipika Chatterjee, Mr. Soumik Dey, Ms. Tapati Saha, Mr. Tarakeshwar Majumder, Ms. Kanak Majumder (Das), Mr. Phalguni Kanjilal.

... for the respondent/applicant.

Re: CAN 3 of 2023 This is an application for recalling the judgment and order dated 6th September 2023 passed by this Bench setting aside the impugned order assailed therein.

It is stated in the instant application that suppressing the service of the application, the appellants have secured the order and, therefore, there is a violation of principle natural justice in this regard.

The affidavit of service is filed in Court today showing that the instant application has been served upon the appellants by speed post, but there is no appearance on behalf of the appellants.

In order to give another opportunity, we direct the applicant to serve a copy of the application upon the learned Advocate, who represented the appellants, before this side of Puja Vacation and shall file affidavit of service on the returnable date. In addition to the same, the learned Advocate is directed to give a notice upon the appellants that this application shall be listed on 20th November 2023 under the heading "Application".

(Harish Tandon, J.)

(Prasenjit Biswas, J.)