CIVIL APPEAL 7105 of 2008 on 26 November 2013

06.20.01.2021 S.D.

S.A. 23 of 1991

With

CAN 3 of 2008 (Old CAN No. 7105 of 2008)CAN 6 of 2013 (Old CAN No. 11449 of 2013)

Sri Shibnath Bhattacharjee

Vs.

Sri Sudhanshu Sekhar Majumder

Mr. Farhan Gaffar

….For the Respondent

In re: CAN 6 of 2013 (Old CAN No. 11449 of 2013)

None appears on behalf of the defendant/appellanteven on second call.

Heard Mr. Farhan Gaffar, Advocate for the respondent.

This is to consider an application being CAN 6 of 2013(Old CAN No. 11449 of 2013) filed on 26.11.2013 forrestoration of the appeal by recall of an order of dismissal fordefendant dated 13.11.2013 passed by Hon’ble Justice MurariPrasad Srivastava. The order sheet reflects a dismal conducton the part of the appellant.

Hence, the CAN Application being CAN 6 of 2013 (OldCAN No. 11449 of 2013) is dismissed for default withexemplary costs of Rs.10,000/- (Rupees Ten Thousand Only)

which should be deposited by the defendant/appellant withthe High Court Legal Service Authority which amount shallbe utilized for the welfare of destitute children.

(Shivakant Prasad, J.)