C.M.P. No. 05 of 2019 restored to original file conditionally upon petitioner paying Rs. 2500/- compensation to opposite party within one week via appearing counsel.
CMP No. 05 of 2019 restored on condition that petitioner pays Rs. 2500/- cost to opposite party within one week via counsel; failing which petition dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 68 of 2020
Chandan Upadhayay … Petitioner
Versus
Binda Kunwar
… Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Rahul Kr. Gupta , Adv. For the Opposite Party : Mr. Baban Prasad,Adv.
06 / 04.02.2022 Heard the parties through Video Conferencing.
Learned counsel for the petitioner submits that this petition has been filed with the prayer to restore the CMP No. 05 of 2019 to its original file. Learned counsel for the petitioner submits that the instant case was not marked in the list in his office and hence, when the case was called out before this Court, the concerned counsel could not appear resulting in dismissal of CMP No. 05 of 2019. It is further submitted that the petitioner has very good grounds to agitate in this case and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that CMP No. 05 of 2019 be restored to its original file.
Learned counsel for the opposite party submits that the petitioner is harassing the opposite party by repeatedly getting his case dismissed and by filing a series of restoration petitions, hence, the opposite party be compensated in terms of costs.
Considering the aforesaid submission of the learned counsels, CMP No. 05 of 2019 is restored to its original file subject to petitioner paying the cost of Rs. 2500/- to the opposite party through the counsel appearing in the record within one week, failing which, this conditional order shall not be given effect to and this civil miscellaneous petition shall stand dismissed without further reference to the Bench.
In case, the petitioner files the proof of payment of cost of Rs. 2500/- to the opposite party through the counsel appearing
in the record within one week, CMP No. 05 of 2019 shall be listed after one week from the date of filing of proof of payment of the costs.
This civil miscellaneous petition is disposed of accordingly.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
1 issue framed by the court
Whether CMP No. 05 of 2019 should be restored to its original file given the absence of counsel due to non-inclusion in the list.
Chandan Upadhayay
Binda Kunwar
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
