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2022 Supreme(Jhk) 941

ANIL KUMAR CHOUDHARY
State of Jharkhand through the Secretary, Department of Information Technology – Appellant
Versus
Webel Technology Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Devesh Krishna, Advocate
For the Opp. Party :Mr. Rupesh Singh, Advocate

JUDGMENT :

Heard the parties.

2. This Civil Miscellaneous Petition has been filed by the petitioner with a prayer for readmission of Arbitration Appeal No.06 of 2009 to its original file which was dismissed for default on 03.02.2022.

3. It is submitted by the learned counsel for the petitioner that Arbitration Appeal No.06 of 2009 was listed on 10.08.2020 and prayer for adjournment was sought for by the petitioner-appellant. On 10.08.2020 this Court directed office to provide the copy of the memo of appeal on deposit of Rs.500/-and granted adjournment subject to payment of cost of Rs.1,000/-to the advocate of the respondent. Upon depositing Rs.500/-as per the direction of this Court, the copy of memo of appeal was provided to the appellant by the Registry and it is submitted that when the order dated 10.08.2020 was passed, this Court was functioning in virtual mode due to COVID-19 Pandemic and the consequential lockdown. It is then submitted that because of the lockdown, the petitioner could not immediately make the payment of cost for the adjournment amounting to Rs.1,000/-. It is then submitted that non-payment of cost of Rs.1,000/-to the advocate for the respondent was not delibera

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