Bodh Gaya Vyavshaik Sangh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.114 of 2015 In Civil Writ Jurisdiction Case No. 15712 of 2013 ====================================================== Bodh Gaya Vyavshaik Sangh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunal Tiwary For the Respondent/s : Mr. Avnish Nandan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-08-2015 Parties are present.

The application seeks restoration of CWJC No. 15712 of 2013 which stood dismissed for non compliance of the order dated 09.04.2014.

It has been submitted that under order dated 09.04.2014 this Court had granted four weeks peremptory time to file supplementary affidavit. The advocate clerk misunderstood the order and the supplementary affidavit was filed on 08.05.2014. He submits that the time granted under order dated 09.04.2014 expired on 07.05.2014. It has thus been submitted that the delay is not willful rather bonafide.

Considering the submissions made in the application and the stand taken by the party, the

Patna High Court MJC No.114 of 2015 (4) dt.12-08-2015 2/2 application is allowed. Time granted under order dated 09.04.2014 is extended till 08.05.2014.

(Kishore Kumar Mandal, J) HR/- U