Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.491 of 2025
M/s A. H. Wheeler and Co. Pvt. Ltd. having its registered office at 23, Lal Bahadur Shastri Marg, Allahabad having a Book Stall at Railway Station, Dhanbad, PO & PS – Dhanbad, District – Dhanbad.
… Petitioner
Versus
1. Rajeev Kumar Rai aged about 45 years, S/o Late Sita Ram Rai, R/o House/Flat No.279, B- Block Bhuli Nagar, PO – Bhuli, PS – Bank More, Distt. – Dhanbad.
2. Akshya Kumar Adhya Authorized representative of M/s A. H. Wheeler and Co. Pvt. Ltd. Having to appoint an Agent at Book Stall of A.H. Wheeler and Co. Pvt. Ltd., Dhanbad, PO & PS – Dhanbad, Distt. Dhanbad.
3. Mandeep Srivastava, Assistant Manager, A. H. Wheelers and Co. Pvt. Ltd., 23 Lal Bahadur Shastri Marg, P.S. Civil Lines, Allahabad.
… Opp. Parties
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Rahul Kr. Gupta, Adv.
Order No.05/Dated- 25.09.2025
Heard learned counsel for the parties.
2. This civil miscellaneous petition has been filed with a prayer for restoration of C.R. No.58 of 2019 to its original file which was stood dismissed for non-prosecution by a Coordinate Bench of this Court vide order dated 05.07.2024.
3. It is submitted by the learned counsel for the petitioner that the matter was listed on 05.07.2024 before the Coordinate Bench of this Court and due to inadvertence, he could not appear in the matter because he was engaged in other Court due to which the matter was unattended and the case was dismissed for non- prosecution. It is further submitted that the laches on part of the petitioner was neither deliberate nor intentional. Petitioner has very good grounds to agitate in the C.R. No.58 of 2019 and unless C.R. No.58 of 2019 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that C.R. No.58 of 2019 may be restored to its original file.
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4. Considering the aforesaid submission of the learned counsel for the petitioner and for the ends of justice, C.R. No.58 of 2019 is restored to its original file.
5. Registry is directed to list C.R. No.58 of 2019 before the concerned Bench.
6. This civil miscellaneous petition is allowed accordingly.
(Pradeep Kumar Srivastava, J.)
Sachin