Vishwa Nath Prasad vs U.P. Development System Corp. & ...
2015 Latest Caselaw 3399 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- SERVICE SINGLE No. - 4509 of 1992
 

 
Petitioner :- Vishwa Nath Prasad
 
Respondent :- U.P. Development System Corp. & Others
 
Counsel for Petitioner :- Kapil Deo,Ashwani Kumar
 
Counsel for Respondent :- C.S.C.,Ajeet Kumar
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

(C.M.Application No. 55735 of 2015)

This is an application for condonation of delay in filing the application for restoration.

The submission of the learned Counsel for the petitioner is that the case was listed on 7.10.2013, but due to oversight of the Clerk of the learned Counsel for the petitioner, listing of the case could not be noted resulting in non appearance of the Counsel and consequently dismissal of the writ petition for non prosecution.

It has been pointed out that in the second week of May, 2015, the petitioner contacted the learned Counsel about the status of the case, on inspection he came to know about the dismissal of the case for want of prosecution. Immediately thereafter petitioner moved the present application for condonation of delay for recall of the order dismissing the writ petition for want of prosecution.

Sri Ajeet Kumar, learned Counsel for the opposite parties filed objections against the application for condonation of delay stating therein that the application has been filed after about one year seven month and eighteen days with a delay of without explaining day to day delay and also submitted that the present application deserves to be rejected.

On due consideration this Court feels that the it is a fault of the Office of learned Counsel for the petitioner. The petitioner on coming to know about the dismissal of the case, immediately took steps for moving the said application and the application for recall was moved along with the condonation of delay.

On due consideration this Court finds that the cause shown in the affidavit in support of delay condonation is satisfactory. The delay is condoned subject to deposit the cost of Rs. 300/-(Three Hundred) within two week. The said amount shall be deposited with Oudh Bar Association for its library.

Order Date :- 26.10.2015

Arvind

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Case :- SERVICE SINGLE No. - 4509 of 1992

Petitioner :- Vishwa Nath Prasad

Respondent :- U.P. Development System Corp. & Others

Counsel for Petitioner :- Kapil Deo,Ashwani Kumar

Counsel for Respondent :- C.S.C.,Ajeet Kumar

Hon'ble Dr. Devendra Kumar Arora,J.

(C.M.Application No. 55736 of 2015)

This is an application for recall of the order dated 7.10.2013.

Heard learned Counsel for the parties.

On due consideration application is allowed. Order dated 7.10.2013 is recalled and writ petition is restored to its original number.

This matter is of the year 1992, list this case within 15 days for hearing.

Order Date :- 26.10.2015

Arvind