Hari Shankar vs Committee Of Management
2012 Latest Caselaw 5036 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 36290 of 1991
 

 
Petitioner :- Hari Shankar
 
Respondent :- Committee Of Management
 
Petitioner Counsel :- R.K. Tripathi
 
Respondent Counsel :- S.C.
 

 
Hon'ble Rajes Kumar,J.

Civil Misc. Delay Condonation Application.

The writ petition was dismissed in default on 8.1.2003. The petitioner filed the recalling application on 16.12.2003 beyond time without any application for condonation of delay. The said application has been dismissed on 15.3.2004. The petitioner filed the application dated 25.8.2006 for recalling of the order dated 8.1.2003 and the order dated 15.3.2004 by mistake it has been mentioned as 15.3.2006. Subsequent application has also been filed without any application for condonation of delay. The application for condonation of delay is dated 2.9.2012, filed on 7.9.2012.

In the affidavit, the following has been stated :

:The above noted writ petition was dismissed in default on 8.1.2003 in which restoration application was filed on 16.12.2003 which too was dismissed on 15.3.2004 by Hon'ble Court of which a restoration application was filed on 25.8.2006 to recall the order dated 8.1.2003 and the order dated 15.3.2004 (which was wrongly typed as 15.3.2006).

When the matter was taken by the Hon'ble Court on 16.8.2012 in absence of delay condonation application in the restoration application, the Hon'ble Court directed to file the same.

In the said restoration application the earlier counsel of the petitioners could not file the delay condonation application along with it and hence the present is being filed as such. The earlier counsel of the petitioners died.

In view of the facts and circumstances stated above, it is expedient in the interest of justice that this Hon'ble Court may kindly be pleased to condone the delay if any, in filing the present restoration application and the same may be treated filed within time, otherwise, the petitioners shall suffer irreparable loss and injury."

In the application no explanation has been given for the delay in filing the recalling application on 16.12.2003 and the delay in filing the application on 25.8.2006 for recalling of the order dated 15.3.2004.

In view of the above, delay in filing the application cannot be condoned. The application is accordingly rejected.

Order Date :- 11.10.2012

OP

Case :- WRIT - A No. - 36290 of 1991

Petitioner :- Hari Shankar

Respondent :- Committee Of Management

Petitioner Counsel :- R.K. Tripathi

Respondent Counsel :- S.C.

Hon'ble Rajes Kumar,J.

Civil Misc. Recall Application No. 176476 of 2006.

Since the delay application has already been rejected, the recall application is also rejected as time barred.

Order Date :- 11.10.2012

OP