M/S. Tea Arcade vs Aparna Rai
2026 Latest Caselaw 1792 Cal/2

Calcutta High Court

M/S. Tea Arcade vs Aparna Rai on 11 March, 2026

                                                                                    2022:CHC-OS:5461
OD-10 & 11
                                ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE

                              IA NO. GA/2/2025
                               In CS/119/2018

                              M/S. TEA ARCADE
                                     Vs
                                APARNA RAI

                                       &

                              IA NO. GA/3/2025
                               In CS/119/2018

                              M/S. TEA ARCADE
                                     Vs
                                APARNA RAI

  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO
  Date : 11TH March, 2026.
                                                                       Appearance:
                                                  Mr. Rudraman Bhattacharyya, Adv.
                                                            Mr. Akash Munshi, Adv.
                                                            Mr. Souvik Kundu, Adv.
                                                                   ...for the plaintiff


          1.

The plaintiff has filed the present application being GA/3/2025

praying for condoning the delay of 930 days in preferring an application being

GA/2/2025 for recalling of the order dated 6th July, 2022 wherein this Court

has dismissed the suit for default.

2. Learned Counsel appearing for the plaintiff submits that the

plaintiff is the registered partnership firm. The father of the applicant was the

partner of the plaintiff firm. The father of the plaintiff was suffering from

cancer and he passed away on 27th July, 2022 at Gurugram due to his

prolonged illness.

2022:CHC-OS:5461

3. Subsequently, the mother of the applicant has also passed away

on 17th November, 2022. He submits that as the mother and father both have

passed away and as such the applicant being the son was in trauma and as

such could not take any steps to restore the suit and subsequently the

plaintiff has engaged a lawyer and found that the suit has been dismissed

and filed the present application.

4. Heard the learned Counsel for the plaintiff and perused the

materials on record.

5. This Court found that the plaintiff has disclosed the death

certificate of the mother and father who have passed away on 27th July, 2022

and 17th November, 2022 respectively.

6. Considering the above, this Court finds that the plaintiff has

shown the sufficient cause for non-filing an application within the prescribed

period of time.

7. Accordingly, delay of 930 days in filing an application being

GA/2/2025 for recalling of the order dated 6th July, 2022 passed in

CS/119/2018, is condoned.

8. GA/3/2025 is disposed of.

9. The plaintiff has filed the GA/2/2025 for recalling of the order

dated 6th July, 2022 wherein this Court has dismissed the suit for default.

10. This Court finds that the father of the applicant was

suffering from serious illness and subsequently he died on 27th July, 2022

and subsequently the mother has died on 17th November, 2022.

11. Accordingly, the plaintiff was in trauma and could not take

any steps in the matter.

2022:CHC-OS:5461

12. Considering the above, this Court finds that the plaintiff

has shown sufficient cause for not appearing before this Court when the

matter was called.

13. Accordingly, the order dated 6th July, 2022 is recalled.

14. CS/119/2018 is restored to its original file.

15. GA/2/2025 is disposed of.

(KRISHNA RAO, J.)

S.De