UOI & ORS Vs. SAVITA KHERA & ORS

JUDGEMENT

(1.) CM.APPL 12749/2015(restoration of writ petition), CM.APPL 12750/2015(delay in filing restoration application) & CM.APPL 12751/2015(delay in re-filing)

(2.) Courts have always followed a very liberal approach while dealing with an application for restoration only with a rider that in case the applicant is able to satisfy the Court that he was prevented from appearing on account of a sufficient cause, provided the application is bona fide, the non-appearance is not on account of inaction or carelessness. The present application being CM.APPL 12749/2015 seeking restoration of the writ petition discloses a very sad state of affairs. Since the application is rather short and the grounds for non-appearance find mention in paras 5 and 6 of this application, we deem it appropriate to reproduce the said paragraphs:

(3.) On reading of the application, we find that there is not even a whisper in the entire application as to what prevented the counsel from appearing in Court when the matter was listed on 03.08.2009. To seek restoration, besides giving sufficient reasons or cogent reasons, there should have been some mention as to why the counsel did not appear or why no steps were taken to serve the respondents. The application is devoid of any material particulars. Neither any affidavit of the counsel nor the affidavit of the concerned officer who was dealing with the matter has been filed. The petitioner before us is not a private individual but the Union of India which has a large Law Department. The lethargy of the petitioner is writ large on the face of the record as there is delay of 93 days in re-filing the application which would give an idea that the petitioner was not in any hurry to have the matter restored.