Shyam Bihari Sharma vs. Uma Bai

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ITEM NO.15 COURT NO.3 SECTION IV-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

MISCELLANEOUS APPLICATION Diary No.30936/2021

(Arising out of impugned final judgment and order dated 24-07-2018 in S.L.P.(C) No.31213/2015 passed by the Supreme Court of India)

SHYAM BIHARI SHARMA Petitioner(s)

VERSUS

UMA BAI & ORS. Respondent(s)

(With IA No.163881/2021 - CONDONATION OF DELAY IN FILING APPLICATION FOR RESTORATION, IA No.163882/2021 - EXEMPTION FROM FILING O.T. and IA No.163880/2021 - RESTORATION)

Date : 17-08-2022 These matters were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE J.B. PARDIWALA

For Petitioner(s) Ms. June Chaudhari, Sr. Adv. Mohd. Parvez Dabas, Adv. Uzmi Jameel Husain, Adv. Mr. Syed Mehdi Imam, AOR

Mr. Rabin Majumder, AOR

For Respondent(s)

Mr. Sudhir Naagar, AOR

UPON hearing the counsel the Court made the following O R D E R

• 1 Delay condoned.
• 2 The Special Leave Petition was dismissed for want of prosecution on 24 July 2018. The petitioner has submitted that the counsel did not either attend the court or inform the petitioner about the dismissal of the case for want of prosecution. It was only after a notice was received in the recovery proceedings that the petitioner gathered knowledge about the dismissal of the petition for want of prosecution.
• 3 The Miscellaneous Application for restoration is allowed and the Special Leave Petition is restored to file.
• 4 List the Special Leave Petition before the appropriate Bench after two weeks.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master