Madhya Pradesh High Court
Union Of India Thr. vs M/S Agarwal Construction Company ... on 21 September, 2015
1 Review Petition No.242/2015 (Union of India trough its Secretary, Ministry of Urban Development and Others Vs. M/s Agrawal Construction Company Morena) 21/09/2015
Shri Vivek Khedkar, Assistant Solicitor General for the petitioner.
By this review petition at the instance of the Union of India review of the order dated 26/09/2014 passed in MCC No.195/2014 by the Coordinate Bench of this Court is sought.
This Court by the above referred order has restored A.C. No.15/2008, which was dismissed as withdrawn on 07/04/2008 accepting the explanation that the case was listed for final hearing and the petitioner was not in the contact with Senior Advocate Shri Rajendra Singh Solanki, who was to argue the matter had expired but the fact of his death was not in the knowledge of the counsel Shri Vijay Singh Chauhan. Therefore, Shri Chauhan had wrongly prayed for withdrawal of the case. Hence, the mistake was found to be bona fide and the same was accepted. This MCC is supported by an affidavit of the petitioner.
This Court considering the aforesaid explanation 2 Review Petition No.242/2015 (Union of India trough its Secretary, Ministry of Urban Development and Others Vs. M/s Agrawal Construction Company Morena) offered for restoration of A.C. No.15/2008 ordered to be restored to its original number subject to payment of Cost of Rs.500/-.
Having perused the order sought to be reviewed, in the opinion of this Court, no case is made out for review of the aforesaid order, as there is no error apparent on the face of the record. Hence, the review petition is dismissed. However, before parting with the case, it is considered apposite to observe that the Union of India has indulged into unnecessary litigation without any justification by filing this review petition causing unwarranted delay in disposal of the A.C. No.15/2008 Review petition is dismissed with the aforesaid observation.
(Rohit Arya) Judge vc