Research › Search › Judgment

Gauhati High Court · body

2014 DIGILAW 386 (GAU)

NGURANG RENU v. ANIRUDDHA DEY

2014-04-01

A.M.SAPRE

body2014
JUDGMENT This order shall govern Misc. Case No.2727 of 2013 filed in Cont. Case No.114 of 2012 and Misc. Case No.2729 of 2013 filed in W.P.(C) No.1428 of 2012. So far Misc. Case No.2727 of 2013 is concerned, it arises out of order dated 20th August, 2013 passed in Contempt Case (C) No.114 of 2012, whereas so far as Misc. Case No.2729 of 2013 is concerned, it arises out of an order passed on the same day i.e. on 20th August, 2013 in Writ Petition (C) No.1428 of 2012. Both the cases, i.e. W.P.(C) No. 1428 of 2012 and Contempt Case No.114 of 2012 came up for orders before the learned Single Judge on 20th August, 2013. However, since none appeared for the petitioner in support of the writ petition and also on contempt application at the time when both the matters were called on for hearing and hence petitions i.e. W.P.(C) No.1428 of 2012 and Contempt Case No.114 of 2012 were dismissed by the learned Single Judge for want of prosecution. It is for restoration of W.P.(C) No.1428 of 2012 and Contempt Case No.114 of 2012, these two miscellaneous applications have been filed by the petitioner of the both cases. Heard Mr. P.N. Choudhury, learned counsel for the petitioner and Mr. G. Uzir, learned counsel appearing for the respondents. I have gone through the cause stated in the applications duly supported by affidavits. In my opinion, it constitutes a bonafide and sufficient cause for the purpose of restoration of W.P.(C) No.1428 of 2012 and Contempt Case No.114 of 2012. The restoration of the writ petition and the contempt case will advance cause of justice whereas converse defeat the cause of doing substantial justice. There is no deliberate non-appearance on the part of the petitioner in attending the Court on 20th August, 2013 and, accordingly, the writ petition and the contempt case deserve to be restored on the grounds stated in the applications. Accordingly and in view of the aforesaid discussion, Misc. Case No.2727 of 2013 and Misc. Case No.2729 of 2013 are allowed. Impugned order dated 20th August, 2013 is recalled. W.P.(C) No.1428 of 2012 and Contempt Case No.114 of 2012 are restored to its original number. Accordingly and in view of the aforesaid discussion, Misc. Case No.2727 of 2013 and Misc. Case No.2729 of 2013 are allowed. Impugned order dated 20th August, 2013 is recalled. W.P.(C) No.1428 of 2012 and Contempt Case No.114 of 2012 are restored to its original number. Let both the writ petition and the contempt case i.e. W.P.(C) No.1428 of 2012 and Contempt Case No.114 of 2012 be listed for hearing in the month of May, 2014 before the appropriate Bench as per roster. No cost.