Madhya Pradesh High Court
Jai Kumar Bajpai vs Chairman Cum Managing Director Madhya ... on 6 August, 2010
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Jai Kumar Bajpai vs. MPSEB and Ors.
MCC No.664/2010
06.08.2010
Heard Shri S. K. Pathak, learned counsel for the petitioner, on the question of admission and condonation of delay.
This is an application for restoration of W.P. No.14344/2009 dismissed in default by order dated 10.02.2010.
It is submitted by the learned counsel for the petitioner that the petition suffered dismissal on account of the fact this Court on 10.02.2010 had issued a peremptory order granting a week's time to cure the default. It is submitted that the learned counsel was under the impression that he had cured the default within the aforesaid period of one week and as such the aforesaid petition came to be dismissed in default. It is submitted that the petitioner came to know about the order of dismissal only at a later stage and as such the delay has occurred. In such circumstances, it is submitted that the delay in filing the application for condonation of delay as well as the application for restoration deserve to be allowed.
Having heard the learned counsel for the petitioner and looking to the fact that the reasons stated in the applications for restoration as well as for condonation of delay are bonafide, both the applications are allowed. The impugned order dated 10.02.2009 passed in W.P. No.14344/2009 is recalled and is directed to be restored to its original number.
This M.C.C stands disposed of.
A copy of this order be placed in the record of W.P. No. 14344/2009.
C.C as per rules.
( R. S. JHA ) JUDGE mms/-