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Ramesh Chandra Srivastava v. U.P. Cooperative Spinning Mills Fedeeration Ltd. & Others - WRIT - A No. 25821 of 2001  RD-AH 1418 (25 January 2007)
Court No. 36
Civil Misc. Writ Petition No. 25821 of 2001
Ramesh Chandra Srivastava
U.P. Cooperative Spinning Mills Ltd. & others
Hon'ble Sushil Harkauli, J.
Hon'ble Pankaj Mithal, J.
On 9.1.2007, the following order was passed in this case which can be found on the order sheet.
"The learned counsel for the respondent, Sri Dhananjai Awasthi, states that the counter affidavit is almost ready and will be served upon the learned counsel for the petitioner within two or three days. The case will therefore be listed peremptorily in the next cause list. No further time will be allowed for filing counter affidavit.
Despite this order no counter affidavit has been served upon the learned counsel for the petitioner or filed in court. Time for counter affidavit was granted in this writ petition firstly on 16.7.2001. Thereafter, further time was granted by a stop order dated 24.4.2006.
The matter was got adjourned from the respondents' side again on 17.10.2006 and 18.12.2006.
The case has been taken up today on a mention being made from the petitioner's side. The case is on the list and written notice has been given by the learned counsel for the petitioner to Sri Dhananjai Awasthi, representing the respondents. Despite this written notice Sri Awasthi has remained absent.
The learned counsel for the petitioner has relied upon the respondents' own averment in their affidavit sworn by N.K. Mishra, Secretary/General Manager, U.P. Cooperative Spinning Mills Ltd. Etawah. This counter affidavit has been filed in writ petition no. 3707 of 2006: Lal Chandr Singh Vs U.P. Co-operative Spinning Mills Federation Ltd. & others In paragraph 15 of the said counter affidavit the respondents have themselves stated that the case of the present petitioner Ramesh Chandra Srivastava was identical to the case of Lal Deo Prasad
Writ Petition No. 41009 of 2001 of Lal Dev Prasad was allowed by judgment dated 4.10.2004 passed by a Division Bench.
In view of the above situation this writ petition is also allowed in the same terms and with the same directions as contained in the judgment dated 4.10.2004 passed in the case of Lal Dev Prasad. A copy of the judgment dated 4.10.2004 will accompany the certified copy of this order.
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