Case Note & Summary
The case involved an appeal by the Security Printing & Minting Corporation of India Ltd. against an order of the Bombay High Court, which had affirmed the dismissal of their Writ Petition for default due to the absence of their counsel. The Writ Petition was initially dismissed because the counsel's clerk failed to attend the hearing. The appellant filed an application for restoration, explaining the absence, which was rejected by the learned Single Judge. Subsequently, a Letters Patent Appeal was also dismissed by the Division Bench of the High Court. The appellant then approached the Supreme Court through a Special Leave Petition. The Supreme Court, after considering the reasons provided for the absence, found them satisfactory and decided to restore the Writ Petition to its original file for a hearing on merits. The court ordered the appellant to pay Rs.20,000 as costs to the respondents within two months, failing which the appeal would be dismissed and the High Court's order would be affirmed. If the costs were paid, the writ petition was to be heard within three months from the date of payment. The court did not impose any further costs.
Headnote
A) Civil Procedure - Restoration of Writ Petition - Grounds for Restoration - Code of Civil Procedure, 1908, Order IX - The court found sufficient reasons for the absence of counsel during the hearing of the writ petition, leading to the dismissal of the application for restoration. The Supreme Court set aside the High Court's orders and restored the writ petition for a hearing on merits, subject to costs. Held that the reasons provided justified the restoration (Paras 1-2).
Issue of Consideration
Whether the application for restoration of the Writ Petition should be allowed due to the absence of counsel at the hearing.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's orders, and restored the Writ Petition for a hearing on merits, subject to payment of Rs.20,000 as costs to the respondents within two months.
Law Points
- Restoration of Writ Petition
- Costs
- High Court Orders
- Special Leave Petition
