Allowed

Shyam Lal Saini S/O Shri Kaluram, v. M/S Indus Tower Ltd.

Rajasthan HC18 May 2023CRES/61/2023

Case brief

AI extract

What is this about?

The High Court allowed a restoration application to recall a peremptory order dismissing a miscellaneous appeal due to default in filing documents, on the grounds of the appellant's illiteracy and personal presence during listing, restoring the appeal subject to payment of court costs.

What did the court decide?

Restored D.B. Civil Misc. Appeal No. 3046/2022 to its original number and recalled the orders dated 10.03.2023 and 17.04.2023, subject to payment of Rs. 5,000/- costs.

Shyam Lal Saini S/O Shri Kaluram, Vs M/S… — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023/RJJP/011231]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Restoration Application No. 61/2023

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D.B. Civil Misc. Appeal No. 3046/2022

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Shyam Lal Saini S/o Shri Kaluram, Aged 61 Years, Resident of Village And Post Malsisar, Tehsil Malsisar, District Jhunjhunu (Raj.).

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----Appellant-Claimant

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Versus

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M/s Indus Tower Ltd., A Company Incorporated Under The Companies Act, 1956 Having Its Registered Office At Building No. 10, Tower- 4Th Floor, DLF Cyber City, Gurgaon-122002 (Haryana) India And Its Rajasthan Circle Office At D-34, G- Business Park, Subhas Marg, C-Scheme, Jaipur-302001(Raj.) Represented Herein Through Its Authorized Representative Mr. Vikas Goyal, Manager, Legal Duty Authorized In This Behalf Vide POA Dated 2Nd April 2019.

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----Appellant-Non-claimant

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For Petitioner(s) : Mr. R.K. Daga

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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18/05/2023

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Matter comes up on miscellaneous restoration application No.61/2023 filed on behalf of appellant-claimant for recalling the order dated 10.03.2023 passed by the Coordinate Bench of this Court as well as the consequential order dated 17.04.2023 passed by Registrar (Judicial) and to restore the miscellaneous appeal.

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Learned counsel for the appellant-claimant submits that the miscellaneous appeal was listed on 10.03.2023 and the appellant was personally present before the Court on that day and as such,

[2023/RJJP/011231]

[CRES-61/2023]

(2 of 2)

peremptory order was passed by the Coordinate Bench of this Court.

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Learned counsel further submits that the appellant-claimant is an illiterate person and he could not understand the meaning of peremptory order passed by the Coordinate Bench of this Court i.e. to file fresh P.F. and notice with paper book set within two weeks. However, the appellant-claimant wants to prosecute the present appeal as appeal will seriously affect his legal rights and as such, in the interest of justice, the application may be allowed and the miscellaneous appeal may be restored to its original number.

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We have heard learned counsel for the appellant-claimant and after going through the contents of the restoration application, find that order dated 10.03.2023 passed by the Coordinate Bench of this Court as well as the consequential order dated 17.04.2023 passed by Registrar (Judicial) need to be recalled.

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Accordingly, this Court allows the present civil restoration application and D.B. Civil Misc. Appeal No. 3046/2022 is ordered to be restored to its original number, subject to deposition of cost of Rs.5,000/- by learned counsel for the appellant-claimant in Rajasthan State Legal Services Authority, High Court Premises, Jaipur within a period of two weeks.

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List the matter thereafter.

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(ASHUTOSH KUMAR),J

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(ASHOK KUMAR GAUR),J

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AARZOO ARORA /03

Shyam Lal Saini S/O Shri Kaluram, v. M/S Indus Tower Ltd.

Case brief

What is this about?

What did the court decide?

Shyam Lal Saini S/O Shri Kaluram, v. M/S Indus Tower Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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