Dipankar Chakraborty, v. Subhendu Chakraborty and 2 Ors

O R D E R

19.06.2024

This is an application for recalling of the order dated 29.04.2024 passed by this Court in CRP(IO) No.427/2023 which was dismissed for default on account of the petitioner having not appeared on 29.04.2024 when the matter was called for.

¶2This Court having taken into account the grounds stated in the application is of the opinion that interest of justice would be met if the instant application is allowed thereby restoring the CRP(IO) No.427/2023. However, this Court is also of the opinion that certain costs needs to be imposed in as much as the petitioner was duly informed vide the order dated 01.04.2024 that the petitioner is required to take steps. Under such circumstances, this Court imposes cost of Rs.11,000/- which shall be deposited by the petitioner before Shishu Sarothi having its Office at Off Ramkrishna Mission Road, Birubari, Guwahati - 781016, Assam and the receipt of such deposit shall be placed before the Registry of this Court Page No.# 3/3 within 1 (one) week and the CRP(IO) No.427/2023 only be listed before this Court after placing the said receipt of deposit of money before the Registry of this Court by the petitioner.

¶3Liberty is given to the petitioner to mention the accompanying CRP(IO) No.427/2023 after placing of the receipt before the Registry.

¶4In view of the above, the instant application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010103672024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/36/2024o DIPANKARoCHAKRABORTY,o SONoOFoLATEoAMALENDUoCHAKRABORTY,o RESIDENToOFoFLAToNO.oA-3/11,o HAPPYoNOOKoCOOPERATIVEoHOUSINGoSOCIETY,o E.C.T.P.oPHASEoIV,oKOLKATA,o WESToBENGAL,oPIN-o700078. VERSUSo SUBHENDUoCHAKRABORTYoANDo2oORSo SONoOFoLATEoAMALENDUoCHAKRABORTY,oRESIDENToOFo30,oJASWANTAo ROAD,oPANBAZAR,oBESIDEoAXISoBANK,oPANoBAZARoBRANCH,o GUWAHATI-o781001,oDISTRICT-oKAMRUP(M),oASSAM. 2:PRANABoCHAKRABORTY oSONoOFoLATEoNIRMALENDUoCHAKRABORTY o RESIDENToOFo30 oJASWANTAoROAD o PANBAZAR oBESIDEoAXISoBANK oPANoBAZARoBRANCH o GUWAHATI-o781001 oDISTRICT-oKAMRUP(M) o ASSAM. 3:GAUTAMoCHAKRABORTY oSONoOFoLATEoAMALENDUoCHAKRABORTY o Page No.# 2/3 RESIDENT OF 11 DEERFIELD TERRACE MAHWAH NEW JERSEY UNITED STATES OF AMERICA ZIP CODE- 07430 AFor the petitioner (s) : Mr. G. Choudhury, Advocate For the respondent (s) : None appears BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH