Jharkhand High Court
Ms Arun Enterprises Through Its Sole ... vs Indian Oil Corporation Ltd And Ors on 17 January, 2014
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 81 of 2013
M/s Arun Enterprises ..Petitioner
Versus
Indian Oil Corporation Ltd. & Ors. .....Respondents
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Coram:HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. Sameer Saurabh, Advocate
For the Respondents : Mr. Amar N. Gupta, Advocate
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04/17-1-2014In this petition, the petitioner has prayed for restoration of W.P.C. No. 3368 of 2005, which was dismissed due to non appearance of the counsel when the case was called out on 14.05.2012.
It has been stated that due to inadvertence of the advocate 's clerk, the said case could not be marked in the list and the petitioner's counsel could not attend the case when the same was called out.
It has been submitted that there was no wilful negligence on the part of the petitioner as well as its counsel and petitioner's counsel could not attend the case under the aforesaid circumstance beyond his control. It has been further submitted that there are good grounds for success in the writ petition and if the same is not restored, the petitioner shall suffer irreparable loss.
Learned counsel appearing on behalf of respondents-opposite parties has not disputed the said grounds and the reasons explained in the petition.
Considering the reasons explained in the petition, this Court is satisfied that there was inadvertance on the part of the petitioner's counsel and under that circumstance, he could not attend the petitioner's case when the same was called out.
In view of the above, this C.M.P. is allowed. W.P.C. No. 3368 of 2005 is restored to its original file and stage.
( Narendra Nath Tiwari, J) Rakesh/