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2026 Supreme(Cal) 489

IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Arcl Organics Limited – Appellant
Versus
Tara Properties Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sakya Sen, Sr. Adv., Mr. SourojitSengupta, Adv., Mr. Aasish Choudhury, Adv., Mrs. Uma Baparee, Adv.
For the Respondent: Mr. Surajit Nath Mitra, Sr. Adv., Mr. Aniruddha Mitra, Sr. Adv., Mr. Debraj Sahu, Adv., Ms. Sormi Dutta, Adv.

JUDGMENT :

1. The present application for restoration on condonation of delay has been filed on August 02, 2025, whereas the appeal was dismissed for default on February 07, 2020.

2. Learned senior counsel appearing for the appellant places reliance on the averments made in restoration application to submit that there was no mala fides on the part of the appellant company at any point of time, thereby justifying a lenient approach to be taken by this Court in condoning the delay in filing the application.

3. It is contended that one Ms. Sonali Chaubey, the then Company Secretary of the appellant company who was handling the litigation on behalf of the company, had left the services of the company.

4. It is pointed out although in the restoration application, it was mentioned that the said Company Secretary had left the company in or about September, 2020,after the incorrectness of the said statement was pointed out in the affidavit in opposition by the respondent, apology has been sought in the affidavit in reply,admitting that the said date was erroneously mentioned, whereas the Company Secretary had left long after, in the month of December, 2021.

5. Be that as it may, it is submitted

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