IN THE HIGH COURT OF JHARKHAND AT RANCHI
C. M. P. No. 121 of 2008
M/s. singh Builders Syndicate Engineers
and Contractors, Phusra ... Petitioner
Versus
Damodar Valley Corporation, DVC Tower,
VIP Road Kolkata and others ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE R. K. MERATHIA
HON'BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner : Mr. A. K. Mishra
For Respondent : A. P. P.
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9./ 12-5-2011
: I.A. No. 883 of 2011
This I.A. has been filed for condoning the delay of 233
days in fling the C.M.P. No. 121 of 2008 which has been filed
for restoration of M.A. No. 236 of 2006 which was dismissed
for non-prosecution on 12.7.2007.
After hearing the parties and going through the petition,
it is clear that no grounds have been made out for condoning
such a long delay.
It is, inter alia, stated that as the counsel was arguing in
other court, he could not reach in time and the case was
dismissed; and that the Advocate of the petitioner called the
petitioner on mobile for filing the C.M.P., but at that time he
was at Delhi for treatment of his grandfather. Thereafter he
came to Ranchi on 31.3.2008 and contacted his Advocate for
filing the C.M.P.
The explanation is absolutely vague and general and
without any supporting documents. In the circumstances, we
are not inclined to condone the delay. Accordingly, this I.A.
stands rejected. Consequently, this C.M.P. is also dismissed.
(R. K. Merathia, J.)
(D. N. Upadhyay, J.)
MK