Mohan Lal Agarwalla vs M/S Western Coalfield Limited
2022 Latest Caselaw 1359 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Civil Writ Jurisdiction)
                      W.P.(C) No. 54 of 2020
                              ........

Mohan Lal Agarwalla, son of Late Sri Amoulak Ram Agarwalla.

..... Petitioner Versus M/s Western Coalfield Limited .... Respondent

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Petitioner                : Mr. Kalyan Banerjee, Advocate
For the respondent                :
                               ..........
06/06.04.2022.

Learned counsel for the petitioner, Mr. Kalyan Banerjee has submitted that the writ petition has been preferred by the petitioner for setting aside the order dated 22.11.2019 passed by learned Civil Judge(Sr. Division)-II, Dhanbad, in Civil Misc. Case No.110/2017 CNR No. JHDH02-000855-2017, which was filed for restoration of execution Case No.01/2003/01/2007.

Learned counsel for the petitioner has further submitted, that Money Suit No.99/1979 was decreed in favour of the decree holder by Additional Sub-Judge-III, Dhanbad, which was also confirmed by the Hon'ble High Court of Judicature at Patna, Ranchi Bench in Appeal No.163/1986(R). The Execution Case No.01/1988 was filed for decretal amount to the tune of Rs.3,11,000/- on transfer to the Bilashpur Court along with interest @ 18% per annum from the date of cause of action on Principal sum claimed till filing of suit and the appellate Court reduced the interest payable from the date of filing of the suit till realization from 18% to 15%.

Learned counsel for the petitioner has further submitted, that the Execution Case No.01/2003 remains pending for realisation of cost awarded by the Court. The case was fixed for admission and the Executing Court directed to issue summons to the judgment debtor for appearance and in compliance of the order of the Court, steps were taken, but notice could not be served despite of all efforts by the petitioner. Thereafter, the Executing Court directed the petitioner to attained the court on 07.09.2017, but because conducting lawyer of the petitioner was busy in another court, he could not appeared in the court and thus on 07.09.2017,

the case has been dismissed for default, passed by learned Civil Judge(Sr. Division)-II, Dhanbad in Execution Case No.01/2003/01/2007.

Learned counsel for the petitioner has further submitted, that the restoration application has been filed vide Civil Misc. Case No.110/2017 for restoration of Execution Case No.01/2003 /01/2007 explaining sufficient reason for non-appearance of conducting lawyer, but restoration application vide Civil Misc. Case No.110/2017 has also been dismissed by learned court on the ground of negligent conduct of the decree holder.

Learned counsel for the petitioner has further submitted, that if the application is not restored to the original file, the decree holder shall suffer, because of laches on the part of the counsel and thus the same will cause miscarriage to justice.

Considering such submissions, let notice be issued to the respondent namely, South Eastern Coalfields limited, a Government of India undertaking Office at Seepat Road, Bilashpur (Chattisgarh) under Speed post, for which requisites etc. must be filed within a period of one week.

Let the matter appears after service of notice.

(Kailash Prasad Deo, J.) Jay/