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CALCUTTA HIGH COURT
Chaitali Chatterjee (Das), J
Avik Shaw & Ors. – Appellant
Versus
M/s. Infoport Trading (India) Pvt. Ltd. & Anr. – Respondent
Headnote: Read headnote
1. This is an application for recalling the order dated 17th July, 2025 passed by this Court in CO No 405 of 2025. It is submitted by the Learned Advocate representing the petitioner of this application and the O.P. No 2 in the civil revision case that the matter was taken up for hearing on 17th of July,2025 under the heading ‘Motion’ but unfortunately at the time of hearing the Learned Advocate representing the O.P. could not appear as a result the revisional application is disposed of and allowed without hearing the Opposite Party.
2. It is further submitted that on multiple occasion in the daily cause list the matter appeared under the heading motion and on all such earlier dates prior to 17th July, 2025 the learned advocate representing the petitioner duly appeared and the matter stood adjourned either at the behest of this petitioner/Opposite Party or at the instance of the pe
Inherent powers to recall orders exist but only for valid grounds; absence of representation alone does not justify such recall.
Applicants must comply with mandatory deposit requirements for recall of ex parte decrees under Section 17(1) of the Provincial Small Cause Courts Act; non-compliance renders the application incompet....
The central legal point established in the judgment is the importance of a fair hearing and the adverse consequences of an order for the parties involved.
The court emphasized that applications for recalling orders must demonstrate sufficient cause, which was not established in this case.
Power to recall any witness under Order 18 Rule 17 of CPC can be exercised by Court not to fill up lacunae in evidence of witness which has already been recorded but to clear any ambiguity that may h....
Failure to show good cause for non-appearance and lack of diligence in pursuing the case can lead to the dismissal of an application under Order 9 Rule 7 of the Civil Procedure Code.
The court has the discretion to recall a witness for the purpose of marking documents, but this discretion should be exercised judiciously and only when there is a good reason to do so.
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