High Court Of ChhattisgarhMCC/354/2018allowed

Steel Authority Of India Ltd. v. State Of Chhattisgarh

2018-09-12Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCC No. 354 of 2018 Steel Authority Of India Ltd., Registered Office Ispat Bhawan, Lodhi Road, New Delhi, Through Its Authorised Signatory Santokh Singh Bains, Aged About 48 Years, S/o. Late Shri Kartar Singh Working Assistant General Manager (Law) Bhilai Steel Plant, Bihlai, District Durg, Chhattisgarh. --- Applicant

Versus

1. State Of Chhattisgarh (Though In The Impugned Order Mentioned As State Of Madhya Pradesh) Through Collector, Bilaspur, Bilaspur, Chhattisgarh

2. Sub Divisional Officer (Revenue), Bilaspur, Chhattisgarh.

3. U.K. Mishra, S/o. Shri M.L. Mishra, Tahsil- Bilha, District- Bilaspur, Present Address Nutan Colony, H-1, Sarkanda, Bilaspur, Chhattisgarh.

4. Mrs. Krishna Mishra, W/o. Shri U.K. Mishra, House No. H-1, Sarkanda Bilaspur, Chhattisgarh.

---Respondents 12.09.2018 Mr. Ashish Surana, Advocate for the Applicant. Mr. D.R.Minj, Dy. Govt. Advocate for the State. Heard on I.A.No.1, application for condonation of delay. The application for restoration is delayed by 371 days. On due consideration and taking into the reasons stated in the application, the delay of 371 days in filing this MCC is condoned. Accodingly, application for condonation of delay is allowed. Heard on application for restoration of the First Appeal No.36/2000, which was dismissed in default on 17.02.2017. On due consideration and taking into the reasons stated in the application, which is supported by an affidavit, the order dated

17.02.2017 passed in First Appeal No.36/2000 is recalled. Consequently, the First Appeal No.36/2000 is restored to its original number.

In view of the above, the application for restoration of the case is allowed.

It is further directed that the applicant shall be obliged to issue fresh notice in the First Appeal to the Respondents No.3 & 4 i.e. U.K.Mishra & Mrs. Krishna Mishra. In absence of payment of process fee, the order will lose its efficacy within a period of 45 days. Sd/- (Goutam Bhaduri) Judge ashok