High Court Of ChhattisgarhMCC/328/2019allowed

Nilesh Kumar Tamrakar v. Lakahnlal Gupta

2019-04-12Hon'Ble The Acting Chief Justice,Hon'Ble Smt. Justice Vimla Singh Kapoor2 pages

MCC No. 328 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 328 of 2019

1. Nilesh Kumar Tamrakar S/o Late Shri Pramod Kumar Tamrakar Aged About 31 Years R/o Sanichari Bazar, Beside Rajendra Kumar Kailash Chand Hardware Shop, Durg Tahsil And District - Durg Chhattisgarh.

2. Rounak Tamrakar S/o Late Shri Pramod Kumar Tamrakar Aged About 30 Years R/o Sanichari Bazar, Beside Rajendra Kumar Kailash Chand Hardware Shop, Durg Tahsil And District - Durg Chhattisgarh.

3. Smt. Lalita Bai Tamrakar Wd/o Late Shri Pramod Kumar Tamrakar Aged About 56 Years R/o Sanichari Bazar, Beside Rajendra Kumar Kailash Chand Hardware Shop, Durg Tahsil And District - Durg Chhattisgarh.

---- Petitioners

Versus

• Lakahnlal Gupta S/o Shri Vanshlal Gupta Aged About 47 Years R/o Sanichari Bazar, Apapura, Durg, Tahsil And District Durg Chhattisgarh.

---- Respondent For Applicant :- Shri Ashish Surana, Advocate Hon'ble Shri Prashant Kumar Mishra, Ag. CJ Hon'ble Smt Vimla Singh Kapoor, J.

Judgment on Board By Prashant Kumar Mishra, Ag. CJ 12/04/2019

1. Learned counsel for the applicant would submit that FA

MCC No. 328 of 2019 No.526/2018 was preferred without paying Court fee. The appellant sought time to deposit Court fee which was informed to him but the counsel did not receive any instructions in that regard, therefore, he pleaded no instruction at the time when the matter was called on for hearing on 16.11.2018.

2. Referring to the document Annexure A-2 which is a cheque in the name of Stock Holding Corporation of India Limited - E-Court fee for payment of the requisite Court fee in FA No.526/2018, it is argued that the applicant is now possessed of sufficient funds for payment of Court fee, therefore, if the appeal is restored to its original number, the applicant shall pay Court fee and contest the appeal on merits.

3. Considering the submission made the delay of 80 days in filing the restoration application is condoned and the restoration application is allowed.

4. Accordingly, FA No.526/2018 is restored to its original number.

Sd/- Sd/- (Prashant Kumar Mishra) (Vimla Singh Kapoor) Acting Chief Justice Judge Ankit