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High Court Of ChhattisgarhMCC/781/2016allowed

South Eastern Coalfields Limited v. M/S. Murlidhar And Company

2016-10-26Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C No.

of 201

1. South Eastern Coalfields Limited, a Union of India Undertaking and Subsidiary of Coal India Limited, Through ; the Chairman-Cum-Managing Director, Seepat Road, Bilaspur (C.G.)

2. South Eastern Coalfields Limited, a Union of India Undertaking and Subsidiary of Coal India Limited, through : the Chief Engineer (Civil), Seepat Road, Bilaspur (C.G.) ---- Applicants.

Versus

M/s. Murlidhar and Company, a registered partnership firm, having its office at Super Market, Sitabuldi, Nagpur, through partner, Shri Murlidhar Vittaldas Maheshwari, aged about 65 years, occupation- business, resident of Wardha Road, Nagpur.

---- Respondent For Applicants:

Mr. Avinash Chand Sahu, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board / 1 0/201 (1) Heard on I.A. No. 1, which is an application for condonation of delay in filing the M.C.C.

(2) On due consideration, I am satisfied that the applicants succeeded in explaining the cause of delay in filing the M.C.C. and, therefore, the application is allowed. Delay in filing the M.C.C. is condoned.

(3) Also heard on restoration application.

(4) By way of this M.C.C., the applicants are seeking restoration of Civil Revision No. 58/2016.

(5) For non-compliance of the peremptory order dated 17.06.2016 passed by this Court, applicants' revision was dismissed by the office vide Office note dated 01.09.2016.

(6) Considering the grounds taken in the application and submission made by the applicants, the M.C.C. No.781/2016 is allowed and the Civil Revision No.58/2016, which was dismissed for non-compliance of the court order dated 17.06.2016 is restored to its original number.

(7) Applicants' counsel is granted two weeks' time from today to comply with the order passed by this Court on 17.06.2016 subject to payment of cost of Rs.2,500/- payable to the High Court Legal Aid Committee.

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