SUBHAS CHANDRA MAHATA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HAVING heard the learned advocates for the parties and upon perusing the instant application, it appears that this restoration application is in respect of an order dated 20th September, 2013, whereby an application, being CAN 7415 of 2010, was dismissed for default. That application was a restoration application seeking restoration of a writ petition, which was dismissed for default on 30th August, 2005. Thus, the present application is essentially an application for restoration of a restoration application.

(2.) IN the facts of the instant case, it is noticed that after the writ petition was dismissed for default on 30th August, 2005, no steps were taken for the purpose of filing a restoration application for five long years. After a restoration application was ultimately filed in the year 2010. Even that got dismissed for default on 20th September, 2013.

(3.) THE ratio of the decision rendered by this Court in the judgment referred above is squarely applicable in the facts of the instant case, since it is only due lack of showing due diligence and prompt dispatch, which resulted in dismissal of the earlier restoration application on 20th September, 2013. The utter negligent approach of the applicant does not inspire confidence upon this Court to favour the applicant with an order as prayed for in the present application.