A party seeking restoration of a dismissed petition must demonstrate sufficient grounds for the request, particularly after repeated non-appearances.

% 08.04.2024 CM APPL. 8983/2024 (Restoration)

1. The instant application under Section 151 of the Code of Civil Procedure , 1908 has been filed on behalf of the petitioner seeking restoration of the writ petition.

2. Leaned counsel appearing on behalf of the petitioner submitted that the captioned writ petition was filed seeking quashing of the order dated 21st April, 2014 passed by the learned Central Government Industrial Tribunal – cum – Labour Court vide which the learned Tribunal dismissed the petitioner’s application seeking framing of additional issues.

3. It is submitted that the captioned writ petition was pending for adjudication before this Court, however, the same dismissed for non- prosecution vide order dated 18th January, 2024.

4. It is submitted that on 18th January, 2024, the counsel for the petitioner was appearing before another Court where a different matter was fixed for arguments and disposal.

5. It is submitted that after attending the above stated matters, the counsel for the petitioner appeared before this Court, however, it was found that the captioned matter has been already dismissed for non-prosecution.

6. It is submitted that the non-appearance of the petitioner is unintentional and the reasons stated hereinabove are bona fide. Therefore, it is prayed that the captioned petition may be restored.

7. Per Contra, learned counsel appearing on behalf of the respondents vehemently opposed the instant application and submitted that the same may be dismissed being devoid of any merit.

8. It is submitted that this Court rightly dismissed the captioned writ petition since the petitioner failed to appear on various occasions and by filing the instant application, the petitioner is misusing the process of law.

9. In view of the above, it is submitted that the instant application may be dismissed.

10. Heard the learned counsel appearing on behalf of the parties and perused the record.

11. The record of the captioned petition reveals that the petitioner had failed to appear before this Court on 26th September, 2022, 10th February, 2023, 23rd August, 2023 and on 18th January, 2024 when the petition was dismissed for non prosecution. This Court on 18th January, 2024 had passed the following order:

• “..No one has appeared on behalf of the petitioner even on second call.

• On the last occasions also i.e. 26th September, 2022, 10th February, 2023 and 23rd August, 2023, there was no appearance on behalf of the petitioner. It seems that the petitioner does not wish to pursue this matter any further.

• Accordingly, the petition is dismissed for non-prosecution…”

12. A bare perusal of the above states that the petitioner failed to appear before this Court on the first call and further failed to appear even on the second call. Subsequently, taking note of the fact that the petitioner has not been appearing since the last three dates, this Court was of the view that the petitioner does not wish to pursue this matter any further and hence, the same was dismissed for non-prosecution. There are no reasons or explanations given in the instant application for non-appearance on several occasion on his part.

13. The captioned petition was filed by Bharat Heavy Electricals Limited which is a central public sector undertaking, owned by the Government of India and the same was pending since the year 2015. This Court is of the view that once a matter has been filed before a Court of law, the party seeking the relief ought to be hyper vigilant to seek enforcement of their legal rights, especially if the party is a sector of Government of India as it has ample resources to pursue the matter.

14. In the instant application, the petitioner has not been able to show sufficient grounds to seek restoration of the captioned petition as the grounds raised on behalf of the petitioner are not reasonable.

15. In light of the same, this Court is of the view that the instant application does not hold any mer