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january 2009

Supreme Court of India · 2009-01-07

RAJ KUMAR JAIN vs INDRA PRASTHA BUILDERS PVT LTD., .

Citation / case number
SC 2007/18912
Court
Supreme Court of India
Petitioner
RAJ KUMAR JAIN
Respondent
INDRA PRASTHA BUILDERS PVT LTD., .
Author
B.N. AGRAWAL,G.S. SINGHVI, , ,
Bench
B.N. AGRAWAL,G.S. SINGHVI, , ,

Judgment text excerpt

The Supreme Court set aside the High Court's orders dismissing the application for restoration of the appeal, emphasizing that the absence of counsel was due to non-marking of the case in the cause list. The Court held that the High Court should have considered the affidavit supporting the restoration application and restored the appeal with a condition of heavy costs imposed on the appellants. The appeal was restored to the High Court with a directive for expedited disposal due to the prolonged pendency of over twenty years.

RAJ KUMAR JAIN vs INDRA PRASTHA BUILDERS PVT LTD., . · Niyam