DELHI JAL BOARD Vs. DIGVIJAY SANITATIONS

JUDGEMENT

(1.) THIS petition was dismissed in default on 21st September 2007. Thereafter, two applications being IA No.3810 of 2008 under Section 9 Rule 4 of CPC and another application being IA No.3811 of 2008 for condonation of delay were filed, which were listed on 31st March 2008. On 31st March 2008, none appeared for the applicant, the aforesaid two applications were dismissed in default on 31st March 2008. Then another application being IA No.6660 of 2008 was filed under Section 151 CPC for restoration of application under Section 9 Rule 4 CPC.

(2.) FOR the reasons stated in IA No.6660 of 2008 under Section 151 CPC, the same is allowed and IA No.3810 of 2008 is hereby restored to its original number.

(3.) THIS Court vide order dated 20th July 2007 observed its dissatisfaction regarding the reasons stated by the counsel and wanted the counsel to file additional affidavit with supporting documents giving further details and particulars with regard to listing of OMP 90 of 2005 from the time when the papers of present petition were stated to have been taken back. In the additional affidavit, counsel for the petitioner/applicant stated that OMP No. 90 of 2005 came up for hearing on 24th May 2007 and on that date no effective hearing took place on account of an adjournment requested by the counsel for the respondent and, therefore, it did not come to the notice of the counsel that the papers were lying in that file. Notice of execution of award was received by the petitioner 's central office wherefrom the same was forwarded to Legal Section and it was registered with legal section on 4th June 2007. This execution was assigned to the same counsel Shri H.S. Kohli by the Department and the Department forwarded the assignment to counsel on 16th July 2007 and thereafter search was made for objections and the original petition was refilled after rectifying the defects with the Registry on 20th July 2007.