Allowed

Naorem Amar Meitei and Anr. v. State of Manipur and 7 Ors.

Manipur HC15 Nov 2021MC(WP(C))/223/2019

Case brief

AI extract

What is this about?

The Court allowed applications for condoning delay and restoring a writ petition dismissed for default, accepting the death of the previous counsel as a sufficient excuse for non-disclosure. Permission was also granted to file a counter-affidavit in the main petition.

What did the court decide?

Both applications for condonation of delay and restoration of WP(C) No. 564 of 2017 allowed. Permission granted to file counter-affidavit.

Naorem Amar Meitei and Anr. Vs State of… — Civil Procedure and Limitation | Manipur HC (2021)

Item No.13-14

JOHN TELEN KOM

Digitally signed by JOHN TELEN KOM Date: 2021.11.18 10:20:31 +05'30'

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IN THE HIGH COURT OF MANIPUR AT IMPHAL

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MC(WP(C)) No.223 of 2019 With MC(WP(C)) No. 224 of 2019

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(Through video conference)

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Naorem Amar Meitei, aged about 38 years, s/o N. Shanti Meitei of Nambol Naorem Awang Leikai, PO & PS Nambol, Regd. Member of the Bishnupur to imphal Tata Magic and Van Owner’s and Driver’s Assn., Regd. No.41 of 2009;

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Thokchom Romen Singh, aged about 48 years, s/o. Th. Iboyaima Singh of Thoubal Makha Leikai, PO & PS Bishnupur, DistrictBishnupur, Manipur- Regd. Member of the Bishnupur to Imphal Tata Magic and Van Owner’s and Driver’s Assn. Regd. No.41 of 2009.

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…. Applicants

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- Versus –

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The State of Manipur represented by the Commissioner/Secretary (Co-operation), Govt. of Manipur, Imphal’

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The Commissioner (Transport), Government of Manipur, Imphal.

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The Registrar of Co-operative Societies, Manipur, Imphal;

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The District Co-operative Officer, Bishnupur District, Bishnupur, Manipur;

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The District Transport Officer, Bishnupur District, Bishnupur, Manipur;

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The Chairperson Bishnupur Municipal Council, Bishnupur, Bishnupur District, Manipur.

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The Executive Officer, Bishnupur Municipal Council, Bishnupur District, Manipur and

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The President of Changangei Un-employed Youths Transport Cooperative Societies Limited, being Registration No.1 of 2006-07 of Changangei, PO Tulihal Airport, P.S. Lamphel, Imphal West District, Manipur.

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.... Respondents

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BEFORE

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HON’BLE MR. JUSTICE MV MURALIDARAN

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15.11.2021

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[1] Heard Mr.TH. Babloo, learned counsel for the applicants; Mr.Aheibam Bheiga Meitei, learned counsel junior to Mr. Lenin Hijam, learned counsel for the State respondents and Mr. KH. Shanta, learned counsel for the 8^th respondent.

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[2] Mr. TH. Babloo, learned counsel for the applicant in both the applications represented that the writ petition in WP(C) No.564 of 2017 was dismissed by this Court for non appearance of the learned counsel by namely Mr.Y. Rameshchandra since the earlier counsel was

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died and hence due to non- appearance in the writ petition at the time of hearing, the writ petition was dismissed for default. Therefore, this Court was not informed about the death of the learned counsel Mr.Y. Ronnelchandra but due to non appearance this Court dismissed the WP(C) No. 564 of 2017 for non-prosecution on 3.12.2018.

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[3] Later, on knowing the same, the writ petitioners have engaged the present counsel Mr. TH. Babloo and he has filed two applications being MC(WP(C)) No.223 of 2019 for condoning the delay of 228 days in filing the restoration petition and MC(WP(C)) No.224 of 2019 for restoring the writ petition filed in WP(C) No.564 of 2017 which was dismissed for default on 03.12.2018. Mr. Aheibam Bheiga Meitei, learned counsel junior to Mr. Lenin Hijam, learned Addl. AG has made no objection whereas Mr. KH. Shanta, learned counsel for the 8^th respondent is strongly objecting since no proper reason has been given. Anyhow he has not filed any counter affidavit.

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[4] It is admitted fact that the earlier counsel by namely Mr. Mr.Y. Ronnelchandra who appeared in WP(C) No.564 of 2017 was died which fact has not been disclosed either by 8^th respondent or the State respondents to this Court at the time of hearing of this case. Therefore, without knowing the real factual death of the earlier counsel, this Court has dismissed the writ petition for default due to non appearance of the petitioner or his counsel.

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[5] Therefore, though the learned counsel appearing for the 8^th respondent is strongly objecting and the counsel appearing for the State made no objection, this Court is inclined to allow both the applications only on the ground that the earlier counsel by namely Mr. Y. Ronnelchandra, the learned counsel who appeared in WP(C) No. 564 of 2017 was died and the same was not disclosed before this at the time of hearing. Therefore, both the applications being MC(WP(C)) No. 223 of 2019 and MC(WP(C)) No.224 of 2019 are allowed.

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[6] Mr. KH. Shanta, learned counsel for the 8^th respondent seeks permission of this Court to file counter affidavit in WP(C) No. 564 of 2017 on behalf of the 8^th respondent. Permission granted.

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[7] Mr. Kh. Shanta, learned counsel for the 8^th respondent is directed to serve the copy of the counter affidavit well in advance to Mr. Th. Babloo, learned counsel for the petitioners and on being receipt of the same, he is directed to file rejoinder, if necessary without fail.

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[8] Therefore, Registry is directed to post the main writ petition in WP(C) No.564 of 2017 on 08.12.2021 for final hearing.

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JUDGE

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John Kom

Naorem Amar Meitei and Anr. v. State of Manipur and 7 Ors.

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Naorem Amar Meitei and Anr. v. State of Manipur and 7 Ors.

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