Ram Kumar Agarwal vs State Of U.P.
2016 Latest Caselaw 5621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- APPLICATION U/S 482 No. - 1828 of 1994
 

 
Applicant :- Ram Kumar Agarwal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- C.K. Parekh,Nitin Kumar Singh,Prabhaker Tripathi
 
Counsel for Opposite Party :- A.G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

A recall application has been moved on behalf of the learned counsel for the applicant in the year 2013 with a prayer to recall the order dated 6.10.2010 whereby the case was dismissed for want of prosecution. On 6.10.2010 while dismissing the petition for want of prosecution interim order was also vacated and office was directed to communicate this order to the court below for compliance.

From perusal of the order sheet filed alongwith the restoration application it is evident that the interim order dated 6.10.2010 has not been communicated to the court below with the result the court below adjourning the case on the ground that the proceeding of the case had been stayed by this Court and that the order is still subsisting.

Registrar General is directed to call for an explanation from the concerned officers as to why the order dated 6.10.2010 has not been complied with, when there was a specific direction while dismissing the petition for non prosecution to communicate the order to the court below, with result the proceeding has been withheld  before  the court below for the  last six years on account of lapses on the part of the office.

Let the matter be listed in the week commencing 26.9.2016 peremptorily alongwith the report.

Order Date :- 1.9.2016

RU