In a restoration application, the Gauhati High Court held the applicant's explanation of changed counsel sufficient to restore dismissed CRP No. 363/2014 for admission hearing, ordering listing for 22.01.2024 before dismissing the opposing counsel's submission.
CRP No. 363/2014 is restored to file and listed for admission hearing on 22.01.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010107922023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MC/35/2023
UNION OF INDIA,
REP. BY THE GENERAL MANAGER, NORTH EAST FRONTIER RAILWAY, MALIGAON, GHY- 11.
VERSUS
M/S PATEL ENGINEERING LTD. 218, SREEMANTA MARKET, A.T. ROAD, GHY- 1, ASSAM.
Advocate for the Petitioner : MR. K GOGOI
Advocate for the Respondent : MR. K P MAHESWARI
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
06.12.2023
Heard Mr. K. Gogoi, learned counsel for the applicant. Also heard Ms. N. Sarma, learned counsel for the opposite party.
This is an application praying for restoration of CRP No. 363/2014 which was dismissed for default on 01.11.2023 due to non-appearance of the counsel of the petitioners/ appellants/applicants.
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It has been submitted by Mr. Gogoi, learned counsel for the applicant that earlier counsels engaged by the petitioner are no longer in their profession and a new set of advocates have engaged.
Ms. Sarma, learned counsel for the opposite party submits that the aforesaid fact was known to the new set of advocates and they should have taken step in the Civil Revision Petition.
I have considered the submission made by the learned counsel for both sides.
This Court is of the opinion that the petitioner has satisfactory explanation for his failure to appear on 01.11.2022 when the CRP No. 363/2014 was dismissed for default.
Therefore, the prayer is allowed.
Accordingly, the CRP No. 363/2014 is restore to file and be listed for admission hearing on 22.01.2024.
Accordingly, this miscellaneous case stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the applicant's explanation for default appearance in Civil Revision Petition No. 363/2014 constitutes satisfactory grounds for restoration.
Union of India, Rep. by the General Manager, North East Frontier Railway
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
