Patna High CourtMJC/4205/2014allowed

Kamal Nayan Gopal v. Bihar Kshetriya Gramin Bank,

2017-03-15Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4205 of 2014 In Civil Writ Jurisdiction Case No. 938 of 2013 ====================================================== Kamal Nayan Gopal, Son of Late Jungi Gopal Paswan, resident of Village Khawa Chandra Tola, P.O. Kiranpur, P.S. Mendichowk, District Lakhisarai .... .... Petitioner

Versus

1. Bihar Kshetriya Gramin Bank through its Chairman, Head Office, Bhagat Singh Chowk, Munger

2. Chairman-cum-Disciplinary Authority, Bihar Kshetriya Gramin Bank, Bhagat Singh Chowk, Munger

3. General Manager, Bihar Kshetriya Gramin Bank, Bhagat Singh Chowk, Munger

4. Board of Directors, Bihar Kshetriya Gramin Bank, Bhagat Singh Chowk, Munger

5. Dinesh Chand Sngh, Ex-Chairman, Bihar Kshetriya Gramin Bank, resident at Bhagat Singh Chowk, Munger .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan Prasad, Advocate For the Respondent/s : Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-03-2017 Heard learned counsels for the petitioner and the opposite parties.

The instant application has been filed for restoration of C.W.J.C. No. 938 of 2013, which was dismissed for non-compliance of peremptory order, dated 11.07.2014. Learned counsel for the petitioner submits that in fact, the requisites were filed within time and the office has wrongly reported that the case stood dismissed for noncompliance of peremptory order, dated 11.07.2014, as copies of

Patna High Court MJC No.4205 of 2014 (3) dt.15-03-2017 2/2 the writ application were not filed for issuance of notice. He submits that the copies were not filed, as this Court in the said order had observed that returned copy, if any, may be utilized. I find that there is a substantial compliance of the order of this Court.

In the circumstances, this restoration application is allowed and C.W.J.C. No.938 of 2013 is restored to its original file and number.

The office would take steps for issuance of notice and the petitioner, on its turn, would make available the copies of the writ petition, if so required.

(Samarendra Pratap Singh, J.) Uday/- U