Law: Civil Procedure Code (V of 1908)

Section: O. IX, r. 9, 151

Law: Hydrogenated Vegetable Oil Industry (Control and Development) Act, 1973

Section: 23(2)

(a) Civil Procedure Code (V of 1908) O. IX, r. 9 & S. 151-Restoration of dismissed petition-Petitioner Company taken over by Government-Company's counsel intimating new Management with regard to date of hearing of case and seeking instructions but no instructions given-Management of petitioner Company though "under certain fluid state of affairs" yet, held, Company's Controller, appointed by Government, could have asked counsel to inform Court about such state of affairs and seek adjourn ment or appeared through any other authorised agent-Another counsel subsequently appointed not filing restoration application till after 30 days of his appointment-No care, held, taken either in regard' to prosecution of case or getting it restored-Petitioner having treated case so lightly could not plead sufficient cause for restoration of dismissed petition. Hydrogenated Vegetable Oil Industry (Control and Development) Act (LXV of 1973), S. 5. (b) Hydrogenated Vegetable Oil Industry (Control and Development) Act (LXV of 1973) S. 23(2)-Bar to legal proceedings-Cases already pending at time of transfer of establishment-Not barred from being dismissed for want of prosecution-Section 23(2) merely bars abatement or discon tinuance of proceedings merely for such transfer or anything done under Act.                                                                                                                 ORDER ABDUL KADIR SHEIKH, J.-By this application under Order IX, rule 9 read with section 151, C. P. C, the petitioner, A & B Oil Industries Ltd. seeks restoration of the Constitution Petition No. 358 of 1972 which was dismissed on 8th October 1973 with the following order:- "The learned counsel for the petitioner stated that the petitioner-Company has since been taken over by the Government and he has received no instruction to appear on their behalf in spite of the…