Khelan Prasad Sharma v. Dwarika Prasad Lonhare

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.435 of 2016 Khelan Prasad Sharma, S/o late Shri Bhangilal Sharma, aged about 58 years, R/o Village Maro, Tahsil Navagarh, District Durg (CG).

---- Applicant

Versus

Dwarika Prasad Lonhare, S/o Shri Shivcharan Lonhare, Joint Commissioner, Schedule Tribe and Schedule Caste Development Department, Durg (CG).

---- Non-applicant For Applicant :

Shri Pragalbha Sharma, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21/07/2016 (1) Heard on I.A. No.01, application for condonation of delay in filing the MCC.

(2) On due consideration, I.A. No.01 is allowed. Delay in filing the MCC is condoned.

(3) Learned counsel appearing for the applicant is heard on restoration application.

(4) The applicant is seeking restoration of Contempt Petition No.183 of 2005 which was dismissed for want of prosecution vide order dated 15.06.2015.

(5) On due consideration of the submissions of the learned counsel for the applicant and the grounds taken in the restoration application, I

am satisfied that the absence of the applicant's counsel on 15.06.2015 when Contempt Petition No.183 of 2005 was taken-up for hearing was based on bonafide grounds.

(6) Accordingly, MCC No.435/2016, therefore, is allowed and Contempt Petition No.183 of 2005 is restored to its original number, subject to payment of cost of Rs.1000/- payable to High Court Legal Aid Committee within a period of ten days.

Sd/- (Sanjay K. Agrawal) Judge L/-