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Judgment
The appeal in respect of which this application (G.A.No.2198 of 2016) has been taken out was dismissed for default. It was, however, not an order for dismissal simplisitor on account of nonappearance of the appellant. The order of Coordinate Bench records:- "We have enquired whether the appellant is interested in making any alternative arrangement. Considering that the learned Advocate for the appellant is not likely to come back for months, Mr.Nandalal Pradhan submitted that no alternative arrangement is likely to be made. In that view of the matter, no purpose is likely to be served by keeping the appeal alive. The appeal is already been listed under the heading ''for dismissal''. The appeal is, thus dismissed for default."
We had requested Mr.Nandalal Pradhan, learned Advocate to be present as main contention of the applicant/appellant is that there was no instruction from their side to apprise the Court that no alternative arrangement is likely to be made in absence of their regular counsel.
Mr.Pradhan is present before us and he has submitted through his learned counsel that apart from praying for adjournment, no other submission was made by him. This being the position, in our view, the instant application is in the nature of review.
In such circumstances, we place the matter before the Hon''ble The Acting Chief Justice for constituting a Bench, as one of the members of the Division Bench which had dismissed the appeal is available.