Bench allowed restoration of WPA 11052 of 2022 after condoning delay in filing reaction applications under Section 5 of Limitation Act. Default order recalled and matter fixed for 22nd July 2025.
Restoration of WPA 11052 of 2022 allowed; default order dated 5.12.2022 recalled; matter fixed on 22nd July 2025.
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28.04.2025 Ct. No.33 Sl. No.6
cm WPA 11052 of 2022
CAN 1 of 2023 CAN 2 of 2024 CAN 3 of 2024 Vs.
Mina Bibi
The Chairman cum Managing Director, Eastern Coalfields Ltd. & Ors.
Mr. Lutful Haque Ms. Taharima Khatun … for the petitioner
Mr. Manik Das
… for the respondents/UOI
In Re: CAN 2 of 2024
Mr. Lutful Haque, learned advocate submits to
have filed fresh vakalatnama in the Department in order to represent the petitioner.
The application being CAN 5 of 2024 under Section 5 of the limitation Act had been taken up for hearing. From the record it reveals that there is delay of 550 days in filing the restoration application.
Based on the averments made in the aforesaid CAN application and the delay in filing the aforesaid application is condoned.
The application being CAN 2 of 2024 is allowed.
In Re: CAN 1 of 2023 With In Re: CAN 3 of 2024
The learned advocate representing the petitioner submitted to have filed an applications being CAN 1 of
2
2023 and CAN 3 of 2024 for restoration of the instant writ petition which was dismissed for default on 5th December, 2022 passed by a Coordinate Bench of this Court.
Considering the averments made in the aforesaid CAN applications with regard to the non-appearance of the learned advocate representing the petitioner which was found to be satisfactory and for ends of justice, the restoration applications being CAN 1 of 2023 and CAN 3 of 2024 stands allowed.
The instant writ petition stands restored to its original file and number. The order dated 5th December, 2022 passed by a Coordinate Bench of this Court is recalled.
The learned advocates representing both the parties submitted that the pleadings have been completed and the instant writ petition is ready for hearing.
Let the matter be fixed on 22nd July, 2025.
(Ananya Bandyopadhyay, J.)
2 issues framed by the court
Whether the delay in filing reaction applications for restoration of WPA shall be condoned under Section 5 of the Limitation Act.
Whether WPA 11052 of 2022 shall be restored and fixed for hearing after release of default order.
1 provisions across 1 enactments
CAN 1 of 2023 CAN 2 of 2024 CAN 3 of 2024
Mina Bibi
The Chairman cum Managing Director, Eastern Coalfields Ltd. & Ors.
Ananya Bandyopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
