LAWS(DLH)-2010-5-377

SURESH KUMAR Vs. UNION OF INDIA & ANR

Decided On May 19, 2010
SURESH KUMAR Appellant
V/S
Union Of India And Anr Respondents

JUDGEMENT

(1.) The petitioner has filed these applications for restoration of the writ petition dismissed in default on 26th September, 2006 and for condonation of delay of 929 days in applying for restoration. Notice of the applications was issued on 2nd September, 2009 to the contesting respondent no.2 M/s Indira Gandhi Institute of Physical Education & Sports Sciences. However, the petitioner applicant did not take steps for service of the notice. Another opportunity was given to the petitioner applicant on 11th December, 2009 to serve the respondent no.2. The petitioner however again did not take any steps. On 16th March, 2010 none appeared for the petitioner applicant before the Court; nevertheless the Court gave another opportunity to the petitioner to serve notice of the applications on the contesting respondent no.2 by all modes including through counsel / nominated counsel for the contesting respondent no.2 returnable for today. It was also clarified that upon failure of the petitioner, the applications shall be dismissed for non prosecution.

(2.) The petitioner applicant again did not take any steps save for filing the process fee which was returned under objection. The petitioner applicant did not remove the objections. Also, no steps were taken for taking the notice dasti or for serving the nominated counsel.

(3.) In the aforesaid circumstances, the applications are liable to be dismissed for non prosecution.