Dismissed

Ashok Paper Mills Ltd. and Anr. v. the Union of India and Ors.

Patna HC2 May 2017CWJC/5714/2012

Case brief

AI extract

What is this about?

The Patna High Court disposed of an interlocutory application under writ jurisdiction. Having been listed for admission, the application was dismissed for want of prosecution due to the petitioner's non-appearance despite repeated calls, resulting in the vacation of a stay order.

What did the court decide?

The application is dismissed for want of prosecution; the order of stay granted on 28th March, 2012 stands vacated.

Ashok Paper Mills Ltd. and Anr. Vs the Union of… — Civil Procedure and Limitation | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.5714 of 2012

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======================================================

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Ashok Paper Mills Ltd., a company registered under the Companies Act, 1956 having its registered office at 8, Camac Street, Kolkata, West Bengal through its Director, Dharam Godha son of Late B.L. Godha, resident of C-39, (2nd Floor) Greater Kailash-I, New Delhi - 110048

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Dharam Godha son of Late B.L. Godha, resident of C-39, (2nd Floor) Greater Kailash-I, New Delhi - 110048

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.... .... Petitioner/s

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Versus

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The Union of India through the Recovery Officer, Employees’ Provident Fund Organisation, Ministry of Labour, Government of India, Surya Complex, Luxmi Chowk, Muzaffarpur, Bihar

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The Recovery Officer, Employees’ Provident Fund Organisation, Ministry of Labour, Government of India, Surya Complex, Luxmi Chowk, Muzaffarpur, Bihar

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The Assistant Provident Fund Officer, Employees’ Provident Fund Organisation, Ministry of Labour, Government of India, Surya Complex, Luxmi Chowk, Muzaffarpur, Bihar

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Stressed Assets Stabilization Fund of IDBI, 9th Floor, IDBI Tower, WTC Complex, Cuffe Parade, Mumbai - 400005, Maharashtra through its Deputy General Manager

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United Bank of India, Old Court House Street, Kolkata, West Bengal through its General Manager

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IFCI Ltd. (Industrial Finance Corporation of India Ltd.), Chatterjee International Centre, 33A, Jawahar Lal Nehru Road, Kolkata - 700071 West Bengal

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The State of Bihar through Principal Secretary, Department of Industries, Government of Bihar, Patna

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The Monitoring Committee, constituted by the Hon'ble Supreme Court through the Joint Secretary, Department of Industries, Govt. of India, New Delhi

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Ashok Paper Kamgar Union, Rameshwar Nagar, Darbhanga-840001 (Bihar) through its Chairman Umadhar Prasad Singh

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : None For the EPFO : Mr. Prashant Sinha, Advocate For the State : Mr. Ashish Kumar Lal, A.C. to G.A.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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17 02-05-2017 By order dated 09.09.2013 it was directed to list the

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Patna High Court CWJC No.5714 of 2012 (17) dt.02-05-2017

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matter under the heading “For Admission” after disposal of I.A. No.19 of 2013 in Writ Petition (Civil) No.174 of 1991 before the Supreme Court.

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It has been brought to the notice of the Court that the afore-stated I.A. No.19 of 2013 along with other interlocutory applications have been finally disposed of by the Supreme Court vide order dated 08.09.2015 with following observations:

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“In view of the fact that the petition has already been disposed of by this Court, in our opinion, it would be just and proper if the grievances ventilated in the aforesaid applications are ventilated before an appropriate forum including the High Court of Patna. We are sure that if any grievance is ventilated before the appropriate forum/High Court, the same shall be looked into by the concerned forum/High Court in accordance with law.

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We clarify that simply because this Court had framed the scheme, it would not mean that this Court is going to supervise the functioning of the company and it would be open to the concerned forum/Court to look into the grievances which might be ventilated before it.”

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Despite repeated calls, no body appears on behalf of the petitioner to press this application.

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Patna High Court CWJC No.5714 of 2012 (17) dt.02-05-2017

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Learned counsel for the Employees’ Provident Fund Organization and the learned counsel for the State of Bihar are present.

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The application is dismissed for want of prosecution. The order of stay granted on 28^th March, 2012 stands vacated.

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(Ashwani Kumar Singh, J)

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Md.S./-

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Ashok Paper Mills Ltd. and Anr. v. the Union of India and Ors.

Case brief

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Ashok Paper Mills Ltd. and Anr. v. the Union of India and Ors.

Case brief

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