This order restores a dismissed service-related writ petition at the instance of lapses by the former counsel, preventing irreparable loss to the petitioners and disposes of the current C.M.P.
Restoration of Writ Petition (Service) No. 846 of 2015.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No. 59 of 2017
Versus
CORAM:The Hon’ble Mr. Justice Aparesh Kumar Singh
---- For the petitioners : Ms. Shatakshi, Adv. For the Opp. Parties : Mr. Mrinal Kanti Roy. Adv. ----
04/04.08.2017 Heard learned counsel for the parties.
Petitioners seek restoration of Writ Petition (Service) No. 846 of 2015 which was dismissed for non compliance of the peremptory order dated 12th August, 2015 on failure to remove the surviving defects.
Learned counsel for the petitioners submits that the petitioners were not aware of the peremptory order, though they were represented through their counsel. Petitioners later on realized that the writ petition has been dismissed for failing to remove the defects in compliance of the peremptory order. Thereafter, the present counsel have been engaged to file the restoration petition. Petitioners have a good case and would suffer irreparable loss and injury, if the writ petition is not restored.
Counsel for the opposite parties do not object to the prayer.
Having considered the submissions of the counsel for the parties, it appears that there have been lapses on the part of the erstwhile counsel which led to the dismissal of the writ petition. Petitioners should not, however, suffer on that count. Therefore, in the interest of justice W.P. (S) No. 846 of 2015 is restored to its original place. C.M.P stands disposed of.
( Aparesh Kumar Singh, J.)
Shamim/Srikant
1 issue framed by the court
Whether to restore a dismissed writ petition to remove surviving defects given lapses by the former counsel.
Kamala Devi and others
Singhbhum Central Co-operative Bank and others
Aparesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
