Lala Dewangan v. Vijay Tiwari

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet M. C. C. No. 223 of 2018 Lala Dewangan Versus Vijay Tiwari and others 28.03.2018 Shri Dharmesh Shrivastava, counsel for the applicant. Heard on I.A. No.01 for condonation of delay in filing the MCC. For the reasons assigned in the said application and finding them to be satisfactory, I.A. No.01 is allowed and the delay in filing the MCC stands condoned.

Also heard the MCC on merit.

It has been preferred seeking for restoration of MAC No.1516/2017 which got dismissed on account of peremptory order passed by this Court on 10.11.2017.

Counsel for the applicant submits that the default in MAC was that of not furnishing the receipt of mandatory deposit which was required at the time of filing of the appeal. He submits that the amount had already been deposited but the receipt of which could not be filed and which now has obtained. He submits that the default pointed out by the Registry in the present MCC has already been cured.

Given the facts and circumstances of the case, the present MCC deserves to be and is accordingly allowed and M. A. (C) No. 1516/2017 is restored to its original number.

No order as to costs.

Sd/- (P. Sam Koshy) JUDGE Bhola