Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2989 of 2018 Petitioner :- Chitravesh Kumar Respondent :- Additional District Judge And Another Counsel for Petitioner :- Ved Prakash Mishra
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed for setting aside the order dated 14.3.2018 passed by the Additional District Judge, Court No. 3, Bijnor in Appeal No. 66 of 2014 (Chtravesh Kumar vs. Sravan Kumar) and also direct the court below to hear and decide the appeal no. 66 of 2014 of the petitioner as fresh accordance with law.
The respondent no. 2 herein filed a PWA Case no. 28 of 2011 claiming certain amount against the petitioner herein. The same was decided exparte vide order dated 23.9.2011. A recall application was filed by the petitioner for recalling the order dated 28.8.2011 and final order dated 23.9.2011. The same was rejected vide order dated 28.10.2013 recording a clear finding that the notices were issued to the petitioner by registered post AD and he has made his signature on the receipt. The petitioner again filed an application for recall of the order dated 28.10.2013. The same was rejected vide order dated 14.3.2018 in absence of the petitioner.
In the factual background that the petitioner did not come forward to contest the PWA case before the Labour Commissioner and subsequently after filing the appeal, he did not pursue his case. It is clear that the petitioner is avoiding the proceeding and lingering on the matter.
In such view of the matter, I do not find any good ground to interfere with the impugned order.
Present petition is accordingly dismissed. No order as to costs.
Order Date :- 30.4.2018 Abhishek