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2025 DAILYLAW 128105 (ALL)

BHAGWATI LPG CARRIER PRIVATE LIMITED THRU. DIRECTOR SUBODH GUPTA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 2 OTHERS

WRIC/2449/2025 · 2025-09-26

Pankaj Bhatia

body2025

Judgment text

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. HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 2449 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard, Shri Durgesh Kumar Singh, learned counsel for the petitioner and Shri S.M. Singh Royekwar assisted by Shri Sumeet Tahilramani, learned counsel for the respondent no.3. 2. The present petition has been filed challenging the order dated 24.10.2024, whereby, an application seeking recall of the order dated 24.03.2022 has been rejected. 3. The contention of the learned counsel for the petitioner is that an appeal was preferred, however, on account of the absence of parties, the same was dismissed on 24.03.2022. The cause stated in the recall application was that the appellant's counsel had died, and as such, the facts with regard to the dismissal could not be communicated. The appellate court was of the view that the submission of the petitioner was not believable. 4. Considering the fact that the appeal was dismissed in default and that no third-party rights were created, the order dated 24.10.2024 cannot be sustained and is hereby quashed. The appellate court is directed to restore Versus Counsel for Petitioner(s) : Brajesh Kumar Singh, Durgesh Kumar Singh Counsel for Respondent(s) : C.S.C., S M Singh Royekwar Bhagwati Lpg Carrier Private Limited Thru. Director Subodh Gupta And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others .....Respondent(s) the appeal and hear it and dispose of the same on merits. 5. In view of the above, the present petition is allowed. September 26, 2025 akverma WRIC No. 2449 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench