Court No. - 42 Case :- WRIT - A No. - 23055 of 2009 Petitioner :- Ajai Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- S.C. Varma,Govind Kumar Singh,S.K. Singh Respondent Counsel :- C.S.C. Order on Civil Misc. Restoration Application No.285913 of 2009 Hon'ble Rakesh Tiwari,J.
This writ petition was filed by Sri Suresh Chandra Verma and Sri Satyendra
Kumar Singh, Advocates. On the case being taken up in revised list, the
aforesaid counsels are not present.
The writ petition was dismissed by order dated 30.4.2009 on the ground of
allegations of forgery against the petitioner and the delay of more than one
year as reported by Stamp Reporter was neither explained nor any application
for condonation of delay was filed.
It appears from the order dated 30.4.2009 that the aforesaid counsel had not
appeared before the Court when the case was taken up on 30.4.2009 even in
the revised list and the same was dismissed on merits.
Subsequently, the second restoration application no. 238102 of 2009 for recall
of order dated 30.4.2009 along with delay condonation application was filed
by Sri V.K. Singh and Sri G.K. Singh, Advocates, who were earlier not
counsel in this case. The said restoration application was rejected for non
prosecution on 6.11.2009.
The fact is that Sri V.K. Singh and Sri G.K. Singh, who were not counsel
earlier, cannot explain the reasons for dismissing the writ petition in default
on 30.4.2009. Therefore, without explaining reasons for not appearing the
erstwhile counsel on 30.4.2009 the case cannot be restored.
The restoration/recall application no. 285913 of 2009 is, accordingly, rejected.
Order Date :- 8.1.2010
RCT/-