Himachal Pradesh High Court
Decided On: 11.11.2024 vs M/S Vidhimata Wood (Private) Limited on 11 November, 2024
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
2024:HHC:11127
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Review Petition No.110 of 2024
Decided on: 11.11.2024
State of H.P. & others ...Petitioners
Versus
M/s Vidhimata Wood (Private) Limited ...Respondent
Coram
Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice
Hon'ble Mr. Justice Satyen Vaidya, Judge
Whether approved for reporting?
For the petitioners: Mr. Anup Rattan, Advocate General with
Mr.Rakesh Dhaulta, Mr. Pranay Pratap
Singh, Mr. Gobind Koral, Additional
Advocates General, Ms. Priyanka Chauhan
and Mr. Sidharth Jalta, Deputy Advocates
General.
For the respondent: Ms. Devyani Sharma Senior Advocate with
Mr. Anirudh Sharma, Advocate.
Satyen Vaidya, Judge (Oral)
Heard.
2. By way of instant petition, the petitioners have sought
review of order dated 14th August, 2024, passed by this Court in
LPA No.180 of 2024.
3. The order sought to be reviewed reads as under:
"Since, the costs directed to be paid under the orders
passed by this Court on 3rd July, 2024 have not been
paid to the respondent by the appellants, in view of the
default clause contained in the said order dt. 3 rd July,
2024, the appeal stands dismissed."
4. LPA No.180 of 2024 was filed by the petitioners
herein to assail judgment dated 2nd November, 2023, passed in
CWP No.1714 of 2023, titled as M/s Vidhimata Wood (Private)
Limited vs. State of H.P. & others with application CMP(M)
No.567 of 2024 for condoning the delay of 139 days in filing the
appeal.
5. CMP(M) No.567 of 2024 was allowed by this Court
vide order dated 3rd July, 2024, subject to payment of costs of
Rs.5,000/- to the respondent within two weeks from the date of
passing of the order. In default of payment of costs, the application
was ordered to be dismissed.
6. The time granted to deposit the costs expired on
17.07.2024.
7. On 14.08.2024, when LPA No.180 of 2024 was listed
before this Court, the same was ordered to be dismissed on account
of default committed by the petitioners in complying with order
dated 3rd July, 2024 as the petitioners were found to have not
deposited the costs.
8. According to the petitioners, after passing of order
dated 3rd July, 2024, they had established contact with the
Managing Director of the respondent and also with his counsel so
as to ascertain the details of bank account to enable the petitioners
to deposit the costs, but they had not received any response. It is
further submitted by the petitioners that on 11.07.2024, a demand
draft in the sum of Rs.5,000/- was prepared payable to the
respondents, but since the respondent had not supplied them the
particulars, the costs remained unpaid.
9. The order dated 14th August, 2024, passed in LPA
No.180 of 2024 does not reveal that the facts, as narrated in the
instant petition, were disclosed to the Court. Even otherwise, the
fact remains that the costs had not been paid by the petitioners to
the respondent in terms of order dated 3 rd July, 2024. There is no
explanation as to why the particulars of the bank details were
required by the petitioners, when they had prepared the demand
draft on 11.07.2024. It is not the case of the petitioners that they
had dispatched the demand draft to the respondent immediately
after its preparation or at least within the time of two weeks granted
to them for compliance of the order dated 3rd July, 2024. The
petitioners were well aware about the address of the respondent and
they could have easily dispatched the demand draft to the
respondent within the prescribed period of time.
10. In the aforesaid backdrop of facts, no error apparent
on the face of order dated 14th August, 2024, passed by this Court
in LPA No.180 of 2024 is made out. Even the bonafides of the
petitioners with respect to the assertions made in the petition are
not established.
11. In result,the petition fails and the same is dismissed
alongwith pending application(s), if any.
( Tarlok Singh Chauhan )
Acting Chief Justice
( Satyen Vaidya )
Judge
November 11, 2024
(vt)
