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2006 Supreme(AP) 1524

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
MAHARASHTRA STATE ROAD TRANSPORT CORPN. – Appellant
Versus
LALNIPUII – Respondent


ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in these appeals is to the order passed by a Division Bench of the Guwahati High Court , Aizwal Bench at Aizwal. By the order dated 18. 2. 2002, the appeal filed by the appellant was dismissed for default after hearing learned counsel for the respondent. Applications filed for restoration of the appeal after condonation of delay in presentation of the same also stood dismissed. Though the orders challenged in the appeals related to restoration of the appeal dismissed for default, it was felt that no useful purpose would be served by remitting the matter back to High Court for consideration on merits. The main ground taken by the appellant before the High Court was that it had no notice of the transfer of the case from the Guwahati Bench to the Aizwal Bench and therefore, there was no appearance. This plea was turned down by the High Court on the ground that sufficient notice was given to the appellant. Considering the long passage of time and, as agreed to by learned counsel for the parties, the appeals are taken up for disposal on merits of the facts involved.

( 3 ) BACKGROUND facts in a nutshell are as follows: one Zorems










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