Well Wisher Electronics Pvt. Ltd. and anr. Vs. State of West Bengal and ors. - Court Judgment

Excerpt:

.....was seek and could not come to court and his clerk missed the list since the matter appeared in the name of sinha & co.. in view of the above facts and circumstances, according to mr. pal, there was no fault and/or laches on the part of the petitioners. according to him, there was sufficient cause for non-appearance of the petitioners when the writ petition was called on for hearing. in view of the above, he prays for setting aside the above order. having heard learned advocates appearing for the respective parties and after considering the facts and circumstances of this case, i find that admittedly the matter appeared in the cause list on december 10, 2009 in the name of sinha & co.. after considering the statements made in paragraphs 5 and 6 of the supplementary affidavit to the application for recalling the above order, i further find that there was sufficient cause for non-appearance of the petitioners for which there was no negligence or laches on the part of the petitioners. in view of the above, the above order dated december 10, 2009 passed in absence of the petitioners stands recalled. let the writ petition be restored to its original file and number. let there.....

Judgment:

This is an application for recalling of the order dated December 10, 2009 passed in a writ application. It is submitted by Mr. Pal, learned Senior Advocate appearing on behalf of the petitioners that the writ application was filed initially by Sinha & Co., Advocates and thereafter the petitioners took a change handing over the same to Mr. Sanjoy Bose, learned Advocate.

After taking change, the learned Advocate Mr. Bose prepared affidavit-in-reply, affidavit of competency and the Vakalatnama for filing the same before the Court at the time of hearing of the writ application. On December 10, 2009, Mr. Bose, learned Advocate was seek and could not come to Court and his clerk missed the list since the matter appeared in the name of Sinha & Co.. In view of the above facts and circumstances, according to Mr. Pal, there was no fault and/or laches on the part of the petitioners.

According to him, there was sufficient cause for non-appearance of the petitioners when the writ petition was called on for hearing. In view of the above, he prays for setting aside the above order. Having heard learned Advocates appearing for the respective parties and after considering the facts and circumstances of this case, I find that admittedly the matter appeared in the cause list on December 10, 2009 in the name of Sinha & Co.. After considering the statements made in paragraphs 5 and 6 of the supplementary affidavit to the application for recalling the above order, I further find that there was sufficient cause for non-appearance of the petitioners for which there was no negligence or laches on the part of the petitioners. In view of the above, the above order dated December 10, 2009 passed in absence of the petitioners stands recalled.

Let the writ petition be restored to its original file and number. Let there be a cost of Rs.1,700/- to be paid by the petitioners towards the fees for learned State Advocate. This application stands disposed of. Let the writ application appear in the daily supplementary cause list of September 23, 2010. All parties are to act on a signed photocopy of this order on the usual undertakings.