Court No. - 52
Case :- MATTERS UNDER ARTICLE 227 No. - 9806 of 2019 Petitioner :- Vijay Pandit @ Vijay Chand Respondent :- Rakesh Sharma Counsel for Petitioner :- Chandra Prakash Misra,Sushil Kumar Mishra
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner is challenging the order dated 29.11.2019 by which his application to recall the order dated 27.9.2019 was rejected by which Prescribed Authority decided to proceed ex parte. He further submitted that petitioner- defendant has no knowledge of the proceeding initiated under Section 21(1)(a) of U.P. Act No.13 of 1972 against him and immediately after obtaining the information, he has moved recall application against the order dated 27.9.2019. Lastly, he submitted that he may be granted last opportunity to file written statement and also submitted that he shall not take any adjournment and be present before the Prescribed Authority on each and every date fixed.
I have perused the application dated 25.11.2019, objection dated 15.11.2019 and order dated 29.11.2019. I found no illegality in the order impugned, but for substantial justice, petitioner is granted one more opportunity to file written statement within one month from today. He is also directed to appear on each and every date fixed by the Court below. In case petitioner fails to file written statement or to appear before the Prescribed Authority, Prescribed Authority shall proceed ex parte against the petitioner-defendant.
With the aforesaid observations, the petition is disposed of. Order Date :- 17.12.2019 Junaid