Sant Agarwal vs Rabi Sinha
2026 Latest Caselaw 2652 Cal/2

Calcutta High Court

Sant Agarwal vs Rabi Sinha on 6 April, 2026

Author: Debangsu Basak

Bench: Debangsu Basak

O3&4
                        ORDER SHEET
                IN THE HIGH COURT AT CALCUTTA
                         ORIGINAL SIDE

                      IA NO. GA/5/2026
                       WITH TS/6/2009
                       In APD/3/2024
                       IN THE GOODS OF
                 AKHILESH KUMAR SINHA (DEC)
                             And
                        SANT AGARWAL
                             -VS-
                         RABI SINHA

                      IA NO. GA/6/2026
                       WITH TS/6/2009
                        In APD/3/2024
                       IN THE GOODS OF
                 AKHILESH KUMAR SINHA (DEC)
                             And
                        SANT AGARWAL
                             -VS-
                          RABI SINHA
  BEFORE:
 The Hon'ble JUSTICE DEBANGSU BASAK
           AND
 The Hon'ble JUSTICE MD. SHABBAR RASHIDI
  Date : 6th April, 2026.
                                                            Appearance :
                                           Mr. Prabal Mukherjee, Sr.Adv.
                                                  Mr. Harpal Singh, Adv.
                                                 Mr. Sounak Ghosh, Adv.
                                              Mr. Sanjay Kr. Shaw, Adv.
                                                 Mr. Saurav Kumar, Adv.
                                                  Ms. Anindita Das, Adv.
                                             Ms. Moumita Ganguly, Adv.
                                                       ...for the appellant
                                            Mr. Debdut Mukherjee, Adv.
                                           Mr. Kinjal; Kumar Boral, Adv.
                                                     ...for the respondent

The Court: Two applications are taken up for analogous consideration as

they relate to the same order of dismissal for default.

IA GA 6 of 2026 is an application for condonation of delay while IA

GA 5 of 2026 is an application for restoration.

Respondent is represented.

Considering the averments made in both the applications and for the

ends of justice, the delay in making and filing the application for restoration is

condoned. The order of dismissal is recalled again for the ends of justice and

considering the averments made in the application.

IA GA 5 of 2026 and IA GA 6 of 2026 are allowed.

List the appeal on April 8, 2026.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

TR/