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2023 Supreme(Jhk) 314

SUJIT NARAYAN PRASAD, SUBHASH CHAND
Rakesh Kumar son of Sri Surendra Sharma – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjoy Piprawall, Advocate
For the Respondent: Mr. Ashok Kumar Yadav, Mr. Aditya Kumar, A.C. to Sr. S.C. I

JUDGMENT :

I.A. No.5102 of 2023

1. The instant interlocutory application has been filed for waiving the cost of Rs.25,000/- imposed upon the respondents pursuant to the order dated 9th May, 2023.

2. It has been stated in the instant application that when the matter was called out on 09.05.2023, since the name of the conducting law officer was not appearing in the supplementary cause list dated 9th May, 2023, therefore, none had appeared.

3. This Court in the aforesaid premise has imposed the cost of Rs.25,000/- to be deposited in favour of Advocates’ Clerk Association, High Court of Jharkhand while granting further time to file the counter affidavit.

4. Mr. Ashok Kumar Yadav, learned counsel appearing for the appellant has submitted that since the name of the counsel representing the State respondent was not there in the daily cause list, therefore, the appearance could not be made and hence the cost imposed may be waived.

5. This Court, on consideration of the reason aforesaid, is of the view that the cause shown therein, i.e., reference of the name of the conducting law officer in the daily cause list dated 09.05.2023 was not there, deems it fit and proper to recall the part of the ord

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