Arun Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4169 of 2016 In Civil Writ Jurisdiction Case No. 15176 of 2012 ====================================================== Arun Kumar, S/o Late Dhruvjee Prasad Partner Prakash Foundry Works At P.O.- Thawe, District- Gopalganj. At present C/191, 3rd Floor, C/o Mr. Nanda, Pandaw Nagar, Opp. Mother Dairy, Delhi-92. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Financial Corporation, Hardia More, District- Siwan - 841226.

3. Bihar State Financial Corporation, Rajendra Nagar, Gopalganj.

4. The Bihar State Financial Corporation, Sara Branch Chapra, West of Municipal Chowk, Chapra.

5. The Bihar State Financial Corporation, Frazer Road, Patna-1.

6. The Bihar State Financial Corporation, Mazrul Haque Path, Patna-1.

7. The Branch Manager, Bihar State Financial Corporation, Chapra.

8. The District Magistrate, Chapra.

9. The Superintendent of Police, Chapra.

10. The District Magistrate, Gopalganj.

11. The Superintendent of Police, Gopalganj.

12. The Sub-Divisional Officer, Gopalganj.

13. The Circle Officer, Thawe, Gopalganj.

14. The Officer-In-Charge, P.S.- Thawe, District- Gopalganj.

15. Sri Brijesh Mishra, S/o Sri Jung Bahadur Mishra 104-Sachi Palace, Sahdeo Mahto Marg, Sri Krishnapuri, Patna-1.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Pathak For the Respondent/s : Mr. Raju Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-05-2017 Heard the counsel for the petitioner as well as the counsel for the Bihar State Financial Corporation (for short 'the Corporation').

The application seeks restoration of CWJC No. 15176 of 2012 by recall of the order dated 21.11.2016 whereby the writ

Patna High Court MJC No.4169 of 2016 (3) dt.03-05-2017 2/2 application was dismissed for non-prosecution. Learned counsel for the petitioner has explained the circumstances under which he could not appear on calls. He also points out that the present restoration application was promptly filed.

Counsel for the Corporation considering the statements made in the application has not seriously disputed the contention of the petitioner.

For the reasons stated in the application and submissions made in support thereof, the same is allowed. The order dated 21.11.2016 passed in CWJC No. 15176 of 2012 is recalled and the said writ application is restored to its original file and number subject to deposit of Rs. 400/- with the Patna High Court, legal Services Committee and filing receipt thereof within 07 days. (Kishore Kumar Mandal, J) HR/- U