2023 (7) TMI 1062

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....r. Sagar Bandopadhyay, Adv. Mr. Arijit Chakraborty, Adv. Mr. Soumyajyoti Nandy, Adv. Mr. Gyan Prakash, Adv. ... for the applicant Ms. Rajashree Kundalia, Adv. Ms. Manasi Mukherjee, Adv. ... for the appellant ORDER The Court : This application has been filed to condone the delay in filing this application for recalling and recall the judgement and order dated 24th February, 2023, passed in CE....

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....e matter was pending before this Court and subsequently listed in the warning list and thereafter in the daily list and since none appeared the Court considered the matter on merits and rendered its finding. Learned counsel appearing for the appellant would strenuously contend that in terms of the Rules of the High Court at Calcutta, Original Side 2014, more particularly, with regard to Rule 7, t....

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....he Rule also states that where no such application is made, the case shall be set down in the next peremptory list of revenue appeals/references and shall be disposed of by the Court as it shall think fit. In our considered view, it will be too late for the appellant to take umbrage under Rule 7, more particularly, when they were served at an interlocutory stage in the year 2007 itself when the p....