This order allowed a petition for restoration of Animesh petition dismissed for default, conditioning the relief upon depositing fees and filing requisites for service of notice by a specific date.
Petition for restoration allowed subject to deposit of Rs. 2,000 and filing service requisites by 18.07.2017.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1550 of 2017
The State of Jharkhand .... .... ....Opposite Party
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Anurag Kumar, Advocate For the State : Addl.P.P.
03/14.07.2017 Learned counsel for the petitioners submits that a peremptory order was passed vide order dated 21.06.2017 in A.B.A. No.3254 of 2017 for filing requisites of service of notice to be served upon opposite party No.2 but he could not comply the order due to illness of the Advocate's clerk and requisites could not be filed for service of the notice upon the opposite party No.2 and hence, A.B.A. No.3254 of 2017 stood dismissed for default.
This criminal miscellaneous petition has been filed for restoration of A.B.A. No.3254 of 2017 .to file
Considering the aforesaid facts and circumstances, prayer for restoration of A.B.A. No.3254 of 2017 to file, is allowed subject to the condition that the the petitioner will deposit Rs.2,000/-(Rupees two thousand) with the Advocate's Association, High Court of Jharkhand at Ranchi and file the requisites under registered post with A/D as well as under ordinary process for which requisites etc. must be filed by 18.07.2017, failing which, this criminal miscellaneous petition shall stand dismissed without further reference to the Bench.
Accordingly, Cr.M.P. No.1550 of 2017 stands disposed of.
Animesh
(Anil Kumar Choudhary, J . )
1 issue framed by the court
Whether the petition for restoration of a petition dismissed for default should be allowed.
Dablu Singh
Sahodari Devi @ Sahodari
Rambriksh Singh
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
