Ramayan Tiwari v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3632 of 2023 In Civil Writ Jurisdiction Case No.18366 of 2019 ====================================================== Ramayan Tiwari S/o Late Ganpat Tiwary, Resident of Priyadarshi Nagar, D.P.S More, Baily Road, P.O- Danapur, PS- Rupaspur, Town and DistrictPatna, Bihar-801503. ... ... Petitioner/s

Versus

1.

Union Of India 2.

The Chief Executive Cum Managing Director, Punjab National Bank, Head Office, Plot No. 4, Sector,-10 Dwarka, New Delhi-110075. 3.

The Executive Director, Punjab National Bank, Head Office, Plot No. 4, Sector,-10 Dwarka, New Delhi-110075.

4.

The General Manager, Human Resource Development Punjab National Bank, Head Office, Plot No. 4, Sector,-10 Dwarka, New Delhi-110075. 5.

The General Manager, PF and Pension Fund Department Punjab National Bank, Head Office, Plot No. 4, Sector,-10 Dwarka, New Delhi-110075. 6.

The Circle Head Punjab National Bank, Circle Office Anand Bhawan, Rai Kashi Nath More, Swarajpuri Road, Gaya-823001. 7.

The Circle Head, Punjab National Bank, Circle Office Chanakya Tower, Birchand Patel Marg Patna-800001.

8.

The Chairman, Dakshin Bihar Gramin Bank, Head Office at Shri Vishnu Commercial Complex, NH-30, Asochak, Patna.

9.

The Regional Officer, Dakshin Bihar Gramin Bank, 37/A, A.P. Colony, Gaya, Pin-823001.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Singh, Advocate Mr. Jai Prakash Singh, Advocate For UOI :

Ms. Kanak Verma, ASG For PNB :

Mr. Mritunjay Kumar, Advocate Mr. Vibhuti Kumar, Advocate For DBGB :

Mr. Suresh Prasad Singh, Advocate ===================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-03-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No. 18366 of 2019, which has stood dismissed for

Patna High Court MJC No.3632 of 2023(3) dt.01-03-2024 2/3 default on account of non-compliance of the peremptory order dated 09.09.2019, passed in CWJC No.18366 of 2019.

2.

The learned counsel for the petitioner submits that the aforesaid writ petition was filed by a counsel, who is now no longer in active practice and for the reasons best know to him, the defects could not be removed within time, however, the present counsel undertakes to remove the defects pointed out by the registry, within four weeks from today, as also the petitioner be put to such terms as is deemed fit and proper for the purposes of restoration of the present petition.

3.

Per contra, the learned counsels for the respondents submit that though they do not have any objection to the restoration of the present petition, but then the petitioner be put to certain terms in view of the fact the aforesaid writ petition was dismissed for default in the year 2019 whereas the present restoration petition has been filed in the year 2023.

Patna High Court MJC No.3632 of 2023(3) dt.01-03-2024 3/3 4.

Having regard to the facts and circumstances of the case, considering the averments made in the present petition as also taking into account the submissions made by the learned counsel for the parties, though I deem it fit and proper to direct for restoration of the aforesaid writ petition bearing CWJC No.18366 of 2019 to its original file, however, subject to the petitioner removing the defects, pointed out by the registry, within a period of four weeks from today as also subject to deposit of a sum of Rs.1000/- with Patna High Court Legal Services Committee, Patna, within a period of two weeks from today.

5.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U