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M/S Hindustan Metal Works vs U.P. State Electricity Board Hathras on 18 October, 2019

Bench: R. Banumathi, Hrishikesh Roy

     ITEM NO.10               COURT NO.6               SECTION XI
                    S U P R E M E C O U R T O F I N D I A
                            RECORD OF PROCEEDINGS
            SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 28225/2019
     (Arising out of impugned final judgment and order dated 16-04-2019
     in IA No. 76326/2017 in First Appeal From Order No.310 of 1985
     passed by the High Court Of Judicature At Allahabad)

     M/S HINDUSTAN METAL WORKS, HATHRAS                                             Petitioner(s)
                                     VERSUS
     U.P. STATE ELECTRICITY BOARD, HATHRAS & ORS.                                   Respondent(s)

     (FOR ADMISSION and I.R. and IA No.138873/2019-CONDONATION OF DELAY
     IN FILING)

     Date : 18-10-2019 This petition was called on for hearing today.
     CORAM :
              HON'BLE MRS. JUSTICE R. BANUMATHI
              HON'BLE MR. JUSTICE HRISHIKESH ROY

     For Petitioner(s)                    Ms.   Meenakshi Arora,Sr.Adv.
                                          Mr.   Gaurav Agrawal,Adv.
                                          Mr.   Siddharth Garg,Adv.
                                          Mr.   Sanjay Kumar Dubey, AOR
     For Respondent(s)
          UPON hearing the counsel the Court made the following
                               O R D E R

Delay condoned.

We have heard Ms. Meenakshi Arora, learned senior counsel, along with Mr. Gaurav Agrawal, learned counsel appearing for the petitioner.

By the impugned order the High Court has condoned the delay in filing the restoration application of the first appeal(s). Since the court records were misplaced no infirmity is noticed in the order under challenge, we are therefore not inclined to interfere with the impugned order in exercise of our jurisdiction under Article 136 of the Constitution of India.

The special leave petition is accordingly dismissed. Since the first appeal is of the year 1985, we request the High Court to take up FAFO NO.310/1985 and FAFO NO.326/1985 at an early date and dispose of the same in accordance with law Signature Not Verified expeditiously.

Reason: Pending applications, if any, shall also stand disposed of.

     (MAHABIR SINGH)                                                  (PARVEEN KUMARI PASRICHA)
      COURT MASTER                                                          BRANCH OFFICER