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Patna High CourtMJC/1163/2024allowed

Nirendranath Ghosh v. The Managing Director, Biscoman, Patna

2024-08-02Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1163 of 2024 In Civil Writ Jurisdiction Case No.15432 of 2022 ====================================================== Nirendranath Ghosh Son of Ram Chandra Ghosh Residing at Chhota Bathan, P.S-Mursidabad Giyaganj, District-Mursidabad (West Bengal). ... ... Petitioner/s

Versus

1.

The Managing Director, Biscoman, Patna P.S. -Gandhi Maidan, Dist- Patna. 2.

The Special Officer (Administration), Biscoman, P.S.-Gandhi Maidan, DistPatna. 3.

The Chief Account Officer, Biscoman, Biscoman,P.S.-Gandhi Maidan, DistPatna. 4.

The Chief Executive Officer, Provident Fund, Niyas, Biscoman, Patna,P.S.- Gandhi Maidan, Dist-Patna.

5.

The Assistant Provident Fund Commissioner, Regional Provident Fund Office, R. Block, Road No.6, Bihar, Patna, P.s. Sachivalay, Dist-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Ashish Giri, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-08-2024 Learned counsel for the petitioner and learned counsel for Biscoman are present.

2. The present Miscellaneous Jurisdiction Case No. 1163 of 2024 has been filed for restoration of Civil Writ Jurisdiction Case No. 15432 of 2022 to its original file which was dismissed for default due to non-compliance of the order dated 31.01.2023.

3. Learned counsel for the petitioner submits that inadvertently, some of the defects could not be removed within

Patna High Court MJC No.1163 of 2024(3) dt.02-08-2024 2/2 time and as such, the case was dismissed due to default. Counsel further submits that in future, such type of mistakes shall not take place.

4. In this view of the matter, let the present Miscellaneous Jurisdiction application is allowed and C.W.J.C. No. 15432 of 2022 be restored to its original file.

5. The defects which has been removed after the due date has been directed to be accepted.

(Dr. Anshuman, J) Divyansh/- U