Review petition filed to challenge an order dismissing a civil appealdue to default in depositing court costs. The bench rejected the petition, holding that no error appeared on the face of the orders and the petitionersfailed to establish bona fide reasons for the default.
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2024:HHC:11127
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Review Petition No.110 of 2024 Decided on: 11.11.2024
State of H.P. & others ...Petitioners
Versus
M/s Vidhimata Wood (Private) Limited ...Respondent
Coram
Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice Hon’ble Mr. Justice Satyen Vaidya, Judge
Whether approved for reporting?
For the petitioners: Mr. Anup Rattan, Advocate General with Mr.Rakesh Dhaulta, Mr. Pranay Pratap Singh, Mr. Gobind Koral, Additional Advocates General, Ms. Priyanka Chauhan and Mr. Sidharth Jalta, Deputy Advocates General.
For the respondent: Ms. Devyani Sharma Senior Advocate with Mr. Anirudh Sharma, Advocate.
Satyen Vaidya, Judge (Oral)
Heard.
review of order dated 14th August, 2024, passed by this Court in LPA No.180 of 2024.
“Since, the costs directed to be paid under the orders passed by this Court on 3rd July, 2024 have not been paid to the respondent by the appellants, in view of the default clause contained in the said order dt. 3rd July, 2024, the appeal stands dismissed.”
2
17.07.2024.
3
as to ascertain the details of bank account to enable the petitioners to deposit the costs, but they had not received any response. It is further submitted by the petitioners that on 11.07.2024, a demand draft in the sum of Rs.5,000/- was prepared payable to the respondents, but since the respondent had not supplied them the particulars, the costs remained unpaid.
4
in LPA No.180 of 2024 is made out. Even the bonafides of the
petitioners with respect to the assertions made in the petition are
not established.
alongwith pending application(s), if any.
( Tarlok Singh Chauhan ) Acting Chief Justice
( Satyen Vaidya )
Judge
November 11, 2024 (vt)
1 issue framed by the court
Whether the order dismissing the civil appeal for non-payment of costs is susceptible to review on grounds of alleged lack of communication regarding bank details.
State of H.P. & others
M/s Vidhimata Wood (Private) Limited
Tarlok Singh Chauhan
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
