Patna High CourtMJC/3122/2017allowed

M/S R. R. Plastic Through Its Proprietor, Ram Nath Sah And ANR v. The Bihar Industrial Area Development Authority Through Its Managing Director And ORS

2018-10-10Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3122 of 2017 In Civil Writ Jurisdiction Case No. 8732 of 2013 ======================================================

1. M/s R. R. Plastic through Its Proprietor, Ram Nath Sah, son of Late Gauri Shankar Sah, resident of Mohalla- Larkaniya Tola, Police Station & District- Katihar.

2. M/s Ram Rahim Makhana Udyog through its Proprietor, Harsh Vardhan son of Prakash Kumar Agarwal, resident of Mohalla- Emergency Colony, Agrawal Mandir, P.S. & District- Katihar.

.... .... Petitioner/s

Versus

1. The Bihar Industrial Area Development Authority through its Managing Director , Udyog Bhawan, East Gandhi Maidan, Patna (herein after referred to BIADA).

2. The Executive Director, BIADA, having its regional office at Barari, District Bhagalpur.

3. The Development Officer, BIADA, Barari, District Bhagalpur.

4. The Officer in- Charge, Industrial Estate, Katihar.

5. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the State : Mr. G.A. II Mr. Mahesh Sharan, Adv.

For the BIADA Mr. Kumar Priya Ranjan, Adv. Mr. Niraj Kumar, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned counsel for the BIADA.

The present restoration application has been filed for restoring the C.W.J.C. No. 8732 of 2013 which was dismissed for default on 03.10.2017.

The ground raised is that the cause list was not marked and, therefore, due to inadvertence, the petitioner could not appear when the case was taken up.

Patna High Court MJC No.3122 of 2017 (4) dt.10-10-2018 2/2 Considering the aforementioned submissions, let the C.W.J.C. 8732 of 2013 be restored to its original file. Accordingly, the restoration application stands allowed.

(Anjana Mishra, J) Jagdish/- U