FAT/5/2026 of CHABAN GHOSH Vs SAMSUL HAQUE AND ORS. on 2 September 2026

1. The appeal was filed in or around March 2026.

2. Pursuant to the filing of the appeal, by an order dated 6 March 2026 directions were given by a Co- ordinate Bench for the Trial Court Records to be called for and the appellant was directed to comply with all necessary formalities for payment of Messenger costs.

3. The matter had appeared on 17 June 2026 and despite the appellant being put on notice that no messenger costs have been paid, the time for such payment was extended and an opportunity was granted for the appellant to pay such costs. Thereafter, by another Report dated 17 March 2026, it was recorded that no messenger costs have been paid. In such circumstances, by an order dated 18 August 2026, a Co-ordinate Bench had adjourned the matter at the instance of the appellant.

4. It now appears from the Report dated 18 August 2026 filed by the Department that despite long lapse of time and repeated orders of Court, the appellant has still not paid the special messenger costs.

5. In view of the casual, lackadaisical and indolent conduct of the appellant in pursuing the appeal, FAT 5 of 2026 stands dismissed for non-prosecution.

[Ravi Krishan Kapur, J.]

[Supratim Bhattacharya, J.]