This is a contempt petition filed for restoration of a limited appeal dismissed due to noncompliance. The Court held there was no deliberate laches and restored the appeal to its original file on account of a clerical error in the limitation petition number.
L.P.A. No. 235 of 2009 is restored to its original file.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No. 85 of 2010
The Managing Director, SAIL, Bokaro … … Petitioner Versus Ram Chandra Choudhary and others … … Respondents
CORAM: HON’BLE MR. JUSTICE R. R. PRASAD HON’BLE MR. JUSTICE RAVI NATH VERMA
For the Petitioner : Mr. A.K. Mishra, Advocate For the State :
10/ 02.02.2015 This petition has been filed for restoration of a case bearing L.P.A. No. 235 of 2009 which got dismissed on account of noncompliance of peremptory order dated 7.1.2010.
Learned counsel appearing for the petitioner submits that pursuant to the order passed by this Court, all the defects had been removed and one limitation petition was also supposed to be filed which though was filed but mistakenly the number was given as that of L.P.A. No. 240 of 2009 and, therefore, the case got dismissed.
In the facts and circumstances, there does not appear to be any deliberate laches on the part of the petitioner towards noncompliance of the order dated 7.1.2010.
Accordingly, L.P.A. No. 235 of 2009 is restored to its original
file.
Thus, this C. M. P. stands disposed of.
(Ravi Nath Verma, J.)
AKT
1 issue framed by the court
Whether the limited appeal should be restored to its original file due to clerical error in filing details.
The Managing Director, SAIL, Bokaro
Ram Chandra Choudhary and others
R. R. Prasad
Ravi Nath Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
