This order allowed an application for restoration of proceedings dismissed for non-compliance. The Court extended the time limit and imposed conditions including the deposit of a fine and filing of a receipt within a week.
Application allowed; time extended subject to deposit of Rs. 100/- and filing of receipt within a week.
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 JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1331 of 2012
====================================================== . Md. Mujaffar Alam S/O Late Saiyad Shah Badiuddin Kadri R/O MohMilkiyana, P.S.Phulwarisharif, Distt-Patna
.... .... Petitioner/s Versus 1. The State Of Bihar , Through The Chief Secretary Old Secretariat, Patna 2. The Secretary, Cooperative Department Govt. Of Bihar, New Secretariat, Patna 3. The Managing Director, Bihar State Consumer Cooperative Federation Ltd. S.A.N. Road, Annapurana Bhawan, North Sri Krishanpuri, Patna 4. The Registrar, Cooperative Department New Secretariat, Patna …. …. Respondent/s
CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
3 02-07-2014 Heard counsel for the petitioner and the State. The application seeks restoration of CWJC No. 12406 of 2007 which stood dismissed for non compliance of the peremptory order dated 17.01.2012 whereby the petitioner was directed to take fresh steps for service of notice on respondent no.3 with correct and present address by ordinary process for which requisites were to be filed within three weeks.
Counsel for the petitioner submits that respondent no.3 had appeared through Vakalatnama in the said proceeding but on the day when the matter was taken up he did not appear and as such this Court directed for taking fresh steps for service of notice on respondent no.3. It is next contended that requisites as directed under order dated 17.01.2012 were filed on 08.02.2012 which was
Patna High Court MJC No.1331 of 2012 (3) dt.02-07-2014
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filed beyond the time granted by this Court. Reasons for delay have been stated in the application.
Considering the facts and circumstances of the case, the application is allowed. The time granted under order dated 17.01.2012 is extended to 08.02.2012 subject to deposit of a sum of Rs. 100/- with the Patna High Court, Legal Services Committee and filing receipt thereof within a week.
(Kishore Kumar Mandal, J)
HR/-
U
2 issues framed by the court
Whether an order allowing restoration of pending proceedings subject to conditions is maintainable.
Whether the extension of time for compliance requiring deposit of money and filing of receipt is permissible.
Md. Mujaffar Alam
The State of Bihar
The Secretary, Cooperative Department
The Managing Director, Bihar State Consumer Cooperative Federation Ltd.
The Registrar, Cooperative Department
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
