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Patna High CourtMJC/1419/2024allowed

M/S Naya Dawakhana (Mfg.) Co v. The State Of Bihar

2024-06-25Justice Smt. G. Anupama Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1419 of 2024 In Civil Writ Jurisdiction Case No.6393 of 2015 ====================================================== M/s Naya Dawakhana (MFG.) CO a proprietorship firm having its factory at Salimpur Ahra. Road no. 1, Patna - 800003 through its proprietor Sri Anup Kumar Agrawal son of Late Radhe Shyam Agrawal, resident of 86, Saraswati Apartment, S.P. Verma Road, P.S.- Kotwai, Town and District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The State Drug Controller cum Chief Licensing Authority, Bihar, New Secretariat, Vikash Bhawan, Patna.

3.

Sri Indrakant Kumar, Drug Inspector for Patna- 3. C/o State Drug Controller cum Chief Licensing Authority, Bihar, New Secretariat, Vikash Bhawan, Patna.

4.

Sri Yeshwant Kumar, Drug Inspector for Patna- 11, C/o State Drug Controller cum Chief Licensing Authority, Bihar, New Secretariat, Vikash Bhawan, Patna.

5.

Sri Chunendra Mahto, Drug Inspector for Patna- 16, C/o State Drug Controller cum Chief Licensing Authority, Bihar, New Secretariat, Vikash Bhawan, Patna.

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

For the Petitioner :

Mr. Ramesh Kumar Agrawal, Advocate :

Mr. Sanjeev Kumar, Advocate For the Opposite Parties :

Mr. Additional Advocate General 9 For the State :

Mr. S.D. Yadav, AAG9 :

Mr. Braj Bhushan Mishra, AC to AAG9 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner.

2. This application has been filed for restoration of CWJC No. 6393 of 2023 to its original records which stood dismissed for default vide order dated 19.04.2024.

3. It is reported by the Learned counsel for the petitioner that he is ready to argue in the main matter i.e., CWJC No. 6393 of 2015. The matter was dismissed for default

Patna High Court MJC No.1419 of 2024(5) dt.25-06-2024 2/2 on 19.04.2024 as there was no appearance of the petitioner on the said date. The affidavit filed with the restoration petition discloses that he was under the intention that the case at Sr. No. 5, fixed at 02:15 P.M., will not taken up at 02:15 PM at that date, therefore, he could not be present before the Court when the matter was called.

4. Considering the reason assigned in the application for restoration, the same is allowed.

5. Let the CWJC No. 6393 of 2015 be restored to its original file.

Re.: CWJC No. 6393 of 2015

6. During the course of arguments, it is noticed that the annexures are in Hindi, therefore, Registry is directed to translate the annexures which are in Hindi into English and to supply the Xerox of the translated copies of the annexures to the learned counsel for the petitioner as well as learned counsel for the respondents on payment of charges.

7. Post CWJC No. 6393 of 2015 on 18.07.2024.

(G. Anupama Chakravarthy, J) Shanu/- U