Dharmendra Kumar Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 92 of 2016 Dharmendra Kumar Tiwari, S/o Shri Jagprasad Tiwari, aged about 42 years, R/o Shanichari Market, Village Bilha, Civil & Revenue District Bilaspur. ---- Applicant

Versus

1.

State of Chhattisgarh, through Shri Umesh Tiwari, Incharge SubRegistrar, C/o Asst. Registrar, Co-operative Department, Bilaspur, District Bilaspur.

2.

Shri Nirmal Tirki, Joint Registrar, Office of Co-operative Department, Bilaspur, District Bilaspur.

3.

Balram Prasad Bhoi, Manager, Seva Sahkari Samiti Maryadit Dagouri, Tahsil Bilha, District Bilaspur (CG). ---- Non-applicants For Applicant :

Shri Abdul Wahab Khan, Advocate.

For Non-applicants :

Shri Neeraj Kumar Sharma, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/02/2016 (1) Heard on I.A. No.01, application for condonation of delay in filing the MCC.

(2) On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the MCC and, therefore, I.A.No.01 is allowed. Delay in filing the MCC is condoned. (3) Also heard on restoration application filed by the applicant. (4) The applicant is seeking restoration of Contempt Case (C) No.81/2014 which was dismissed for want of prosecution vide order dated 05.05.2015.

(5) On due consideration of the submissions of the learned counsel for the applicant and the grounds taken in the restoration application, I am satisfied that the absence of the applicant's counsel on 05.05.2015 when Contempt Case (C) No.81/2014 was taken-up for hearing was based on bonafide grounds.

(6) Accordingly, M.C.C. No.92/2016 is allowed and Contempt Case (C) No.81/2014 is restored to its original number. Sd/- (Sanjay K. Agrawal) Judge L/-