Amar Nath Kohali vs Board Of Revenue Through Its Member on 25 August, 2020

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Supreme Court - Daily Orders

Amar Nath Kohali vs Board Of Revenue Through Its Member on 25 August, 2020

Bench: Hrishikesh Roy

                                                      1

     ITEM NO.10                   Court 9 (Video Conferencing)              SECTION XVI

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

     IA 192062/2019,55161/2020,55164/2020, in Miscellaneous Application
     No(s). 1257/2020 in SLP(C) No. 1255/2018

     AMAR NATH KOHALI & ANR.                                            Petitioner(s)

                                                     VERSUS

     BOARD OF REVENUE THROUGH ITS MEMBER & ORS.                         Respondent(s)

     (FOR ADMISSION and IA No.55164/2020-EXEMPTION FROM FILING AFFIDAVIT
     and IA No.192062/2019-RESTORATION and IA No.55161/2020-CONDONATION
     OF DELAY IN FILING APPLICATION FOR RESTORATION
      IA No. 55161/2020 - CONDONATION OF DELAY IN FILING APPLICATION FOR
     RESTORATION
      IA No. 55164/2020 - EXEMPTION FROM FILING AFFIDAVIT
      IA No. 192062/2019 - RESTORATION)

     Date : 25-08-2020 These matters were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE HRISHIKESH ROY
                                               [IN CHAMBER]


     For Petitioner(s)                 Mr.   Manan Kumar Mishra, Sr. Adv.
                                       Mr.   Durga Dutt, AOR
                                       Ms.   Anjul Dwivedi, Adv.
                                       Mr.   R.D. Singh, Adv.
                                       Mr.   Kousik Ghosh, Adv.
     For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Heard Mr. Manan Kumar Mishra, learned senior counsel appearing for the petitioner. The SLP filed by the petitioner was dismissed for non-prosecution on 10.12.2018 and thereafter this restoration application has been filed.

Signature Not Verified

Digitally signed by DEEPAK SINGH Date: 2020.08.25 19:00:57 IST Reason: The records reveal that after the notice was issued by this Court on 5.2.2018 the petitioner was negligent in taking necessary steps in the SLP. The sincerity of the litigant was questionable 2 in the High Court as well as can be gathered from the fact that in the High Court of Judicature at Patna, the Writ Petition filed by the petitioner in the year 2004 was dismissed for default on 9.7.2010. Thereafter the Division Bench while considering the LPA No. 755 of 2015 of the writ petitioner had dismissed the case on 27.07.2017 with the observation that the litigant is not serious about pursuing his matter and the Court cannot reward negligent.

Having considered the above circumstances, this Court is not very inclined to order for restoration of the case, which was dismissed for default. But according the earnest submission made by the learned senior counsel and also the change of AOR by the petitioner, subject to deposit of cost of Rs.20,000/- in favour of Supreme Court Legal Services Committee within two weeks from today. The SLP is ordered to be restored to its original number. If the ordered cost is not deposited within time, the dismissal order (dated 10.12.2018) shall stand unaltered without further reference to the Court.

(JATINDER KAUR)                                           (BEENA JOLLY)
SENIOR PERSONAL ASSISTANT                                  BRANCH OFFICER

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