Allowed

M/S Flora-O-Foods, v. State of Rajasthan

Rajasthan HC29 May 2023CRES/79/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a miscellaneous restoration application to recall an order dismissing an appeal for want of prosecution. The appeal was restored to its original number subject to the deposition of Rs.10,000 by the appellant.

What did the court decide?

The restoration application is allowed; the impugned order is recalled; the appeal is restored to original number subject to deposit of Rs.10,000.

M/S Flora-O-Foods, Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023/RJJP/012297]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Restoration Application No. 79/2023

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M/s Flora-O-Foods, G-222-224, Riico Industrial Area, Sitapura, Jaipur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Chief Secretary, Secretariat, Jaipur.

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State Of Rajasthan, Through Principal Secretary, Women And Child Development Department, Secretariat, Jaipur.

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Director, Integrated Child Development Services, Government Of Rajasthan, 2, Janpanth, Gandhi Nagar, Jaipur Through Officer In Charge, Adl. Director (Poshahar) Integrated Child Development Services, Government Of Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s) : Mr.NK Maloo, Sr.Adv. with Mr.Pratyush Sharma For Respondent(s) :

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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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29/05/2023

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The present miscellaneous restoration application has been filed on behalf of the appellant for recalling the order dated 10^th March, 2023, whereby this Court had dismissed the appeal for want of prosecution, as no counsel had appeared on behalf of the appellant.

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Learned Senior Counsel Mr.NK Maloo, assisted by learned counsel Mr.Pratyush Sharma, appearing on behalf of the appellant, submits that absence of the counsel on 10^th March, 2023 was

[2023/RJJP/012297]

[CRES-79/2023]

(2 of 2)

beyond their control and the appellant wants to pursue the remedy.

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Learned counsel submits that rights of the appellant will be seriously affected, if the appeal is not restored to its original number and arguments are not advanced on merits.

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We find that though there was no occasion for nonappearance of any counsel on 10^th March, 2023, however, in the interest of justice, we deem it proper to allow the present miscellaneous restoration application, subject to deposition of Rs.10,000/- by the appellant with the Rajasthan State Legal Services Authority, Jaipur within a period of two weeks from today.

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With the aforesaid direction, the present miscellaneous restoration application is allowed. The order dated 10^th March, 2023 is recalled and the DB Civil Miscellaneous Appeal No.1204/2021 is restored to its original number, subject to submission of proof of depositing of Rs.10,000/-, as aforesaid, by the appellant.

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Thereafter, let the appeal be listed on 05^th July, 2023.

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(ASHUTOSH KUMAR), J

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(ASHOK KUMAR GAUR), J

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Preeti Asopa /3

M/S Flora-O-Foods, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

M/S Flora-O-Foods, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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