The General Manger O. S. D. v. Khorbahara

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 739 of 2017 (Arising out of judgment/order dated 28.08.2017 in Case No. WP No. 5972/2005 of the learned Hon'ble Court) The General Manger (O. S. D.) Bengal Nagpur Cotton Mills, Rajnandgaon Chhattisgarh.

---- Petitioner

Versus

1. Khorbahara Son of Shri Jethu Sahu, R/o Village Gathlu, Post Bori, District Rajnandgaon Chhattisgarh.

2. The Industrial Court, Through The Presiding Officer Raipur Chhattisgarh. ---- Respondent For Petitioners :

N.K. Vyas, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/10/17 Heard on application for restoration of Writ Petition No. 5972 of 2005. 2.

The applicant is seeking restoration of Writ Petition No. 5972 of 2005 which was dismissed by this Court for want of prosecution vide order dated 28.08.2017.

3.

On due consideration of the submissions made by the learned counsel for the applicant and the grounds taken in the restoration petition, I am satisfied that the absence of the applicant's counsel on 28.08.2017, when the Writ Petition No. 5972 of 2005 was taken up for hearing, was based on bonafide grounds.

4.

The M.C.C. No. 739 of 2017 is, therefore, allowed and the Writ

Petition No. 5972 of 2005 is restored to its original number subject to payment of cost of Rs.1000/- (One Thousand Only) to the High Court Legal Aid Committee within ten days from today.

SD/- (Sanjay K. Agrawal) Judge Priyanka