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Patna High Court

M/s Recon Engicons Private Ltd.versusThe State of Bihar through the Development Commissioner cum Chairman of State Investment

Decided
Disposal
ALLOWED

Holding

The High Court restored the dismissed case MJC No. 3978 of 2024 to its original file and number.

Summary

M/s Recon Engicons Private Ltd., the petitioner, filed an application before the Patna High Court seeking restoration of its earlier Miscellaneous Jurisdiction Case No. 3978 of 2024, which had been dismissed for non‑prosecution on 07‑04‑2025. The petitioner argued that the dismissal was premature and that there were sufficient grounds to revive the proceedings. The learned counsel for the petitioner, Mr. Brisketu Sharan Pandey, presented these reasons before Justice A. Abhishek Reddy. The court examined the application and, finding merit in the petitioner’s contentions, decided to set aside the earlier dismissal. Consequently, the court ordered that the dismissed case be restored to its original file and number, thereby allowing the proceedings to continue.

Issues considered

  • Whether the High Court can restore a Miscellaneous Jurisdiction case dismissed for non‑prosecution?

Subjects

  • restoration of case
  • non‑prosecution
  • high court
  • miscellaneous jurisdiction
  • civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.577 of 2026
                                                       In
                               Miscellaneous Jurisdiction Case No.3978 of 2024
                 ======================================================
                 M/s Recon Engicons Private Ltd. having its Registered Office at Sudha Sada,
                 West of Gandhi Murti, Dujra, P.S. Budha Colony, District Patna having its
                 Unit at Patliputra Industrial Area, District Patna through one of its Director
                 Prabhat Kumar, Male, Aged about 56 years, son of Suryadev Singh, Resident
                 of Sudha Sadan, Budha Colony, Goria Asthan, P.S. Budha Colony, District
                 Patna- 800001.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Development Commissioner cum Chairman
                 of State Investment Promotion Board, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Industries Department cum Chairman and
                 Managing Director, Bihar Industrial Area Development Authority (BIADA)
                 Patna, Bihar.
           3.    The Bihar Industrial Area Development Authority (BIADA), Udyog Bhavan,
                 Gandhi Maidan, Patna through its Chaiman cum Managing Director.
           4.    The Additional Chief Secretary cum Managing Director, Bihar Industrial
                 Area Development (BIADA), Udyog Bhavan, Gandhi Maidan, Patna.
           5.    The Executive Director, Bihar Industrial Area Development Authority
                 (BIADA) Udyog Bhavan, Gandhi Maidan, Patna.
           6.    The Deputy General Manager, Bihar Industrial Area Development Authority,
                 Patna Cluster, Patna.

                                                                        ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Brisketu Sharan Pandey, Adv.
                 For the Opposite Party/s :    Mr.Standing Counsel 24
                                               Mr. Shailendra Kumar, AC to SC 24

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   18-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner as well as the learned counsel appearing on behalf of

                   the opposite party-BIADA.

                                2. This application has been filed for restoration of
             Patna High Court MJC No.577 of 2026(2) dt.18-03-2026
                                                         2/2




                       MJC No. 3978 of 2024 which was dismissed for non-

                       prosecution vide order dated 07.04.2025.

                                    3. For the reasons mentioned in the present

                       application, the same is allowed and the MJC No. 3978 of 2024

                       is restored to its original file and number.



                                                                    (A. Abhishek Reddy , J)
Bhardwaj/-

U


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