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Judgment
This matter is taken up through Hybrid Mode.
This is an application filed by the opposite parties of the writ petition being W.P.(C) No. 9582 of 2004, the Union of India and others for setting aside the order dated 09.01.2007 as passed in the said writ petition. For purpose of the reference, the text of the said order is reproduced hereunder:
“Pursuant to Court’s Order No.2 dated 10.10.2006 defects pointed out by the Stamp Reporter having not been removed within the stipulated period i.e. from 10.10.2006 to 17.10.2006, this writ petition stands dismissed.”
The said order was passed by the Deputy Registrar (Judicial) to record the consequence of the order dated 10.10.2006, which clearly observed that if the steps for removing the defects are not taken, the writ petition shall stand automatically dismissed.
Mr. J. Nayak, learned Central Government Counsel, has appeared for the petitioners.
As the certified copy of the impugned order has not been filed by the applicant, no stamp report has been made.
Having considered the nature of non-prosecution, we condone the delay, as occurred.
Mr. Samarendra Beura, learned counsel has appeared for the original applicant who had filed the original application being O.A. No.678 of 1999. He has not opposed the prayer on condition that for condonation of delay costs shall be imposed on the Central Government for the delayed filing.
We condone the delay as occurred in filing the application for setting aside the order of non-prosecution, as stated above, subject to payment of Rs.5,000/- (rupees Five Thousands only) within a period of 15 days from today through Mr. Beura, learned counsel appearing for the opposite party no.1 by demand draft / bankers’ cheque in the name of the opposite party no.1.
Let the matter be listed on 10.08.2023 for consideration of CMAPL No. 53 of 2010 on merit.
We request Mr. Samarendra Beura, learned counsel to obtain instructions by the next date from the original applicant on whether the Union of India has made any communication as regards the release of pension.
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