Court No. - 6 Civil Misc. Restoration Application No.78531 of 2010 In Case :- WRIT - C No. - 22318 of 1993 Petitioner :- Vishwa Nath Gupta Respondent :- Municipal Board Saharanpru And Others Petitioner Counsel :- R.K.Jain,Pushkar Mehrotra,R.K.Awasthi,V.R.Dwivedi Respondent Counsel :- H.S.Nigam,C K Parikh,C.S.Singh,M. Alam,S S Nigam,S.C. Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
The writ petition was dismissed in default on 6th January 2010 and
an application to the said order was filed, which was dismissed by
us by a detailed order dated 9th February 2010. We have noticed in
the said order that on earlier occasions also, the writ petition was
dismissed in default but it was restored back. This is the second
restoration application filed through a new counsel Sri Chetan
Chaterjee, Advocate. Sri Chetan Chaterjee, Advocate, with all his
fairness accepts that he was not the counsel when the writ petition
was dismissed in default or when the earlier restoration application
was rejected.
In our considered view, the second restoration application cannot
be filed through new counsel. The restoration application is,
therefore, rejected.
Order Date :- 9.7.2010
NS