Madhya Pradesh High Court
Decd. Smt. Gangabai Thru. Lrs. Mangilal vs Ranbaxy Laboratories Limited (Now Sun ... on 23 October, 2017
1
Miscellaneous Civil Case No.454/2017
23.10.2017
Shri Brij Mohan Gehlod, learned counsel for the
applicant.
Shri Pratik Patwardhan, learned counsel for non-
applicant No.1.
Heard on the question of admission.
ORDER
This is an application for restoration of Writ Petition No.1952/2017 (s), which was dismissed for want of prosecution on 09.08.2017, due to non- appearance of the learned counsel for the writ petitioner in second round.
2. Learned counsel for the applicant submits that on 09.08.2017, in the first round of hearing, he and Shri G.S. Patwardhan, learned counsel for respondent No.1 were present and at the request of Shri G.S. Patwardhan, the case was passed over to file reply; thereafter, reply was filed by the learned counsel, and therefore, when the matter was taken up in second round, learned counsel for the applicant could not appear. Hence, the case was dismissed for want of prosecution.
3. On due consideration of the aforesaid and for the reasons assigned in the application, which is supported with the affidavit of the applicant, we are of the view that the cause shown by the learned counsel for the 2 applicant is sufficient to restore the writ petition to its original number.
4. Accordingly, Miscellaneous Civil Case No.454/2017 is allowed, in the interest of justice, and Writ Petition No.1952/2017 is restored to its original number.
(P.K. Jaiswal) (Virender Singh)
Judge Judge
Pithawe RC