South Eastern Coalfields Limited v. M/S Ramky Engineering Private Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 583 of 2017 (Arising out of Arbitration Appeal dated 28.06.2017 in Case No. 60/2011 passed by this Court) South Eastern Coalfields Limited Through The Chairman - Cum - Managing Director, South Eastern Coalfields Limited, General Manager ( Legal ), Power Of Attorney Holder Of South Eastern Coalfields Limited, Seepat Road, Bilaspur Chhattisgarh.

---- Applicant

Versus

M/s Ramky Engineering Private Limited Presently M /s. Ramky Infrastructures Limited, Somajiguda, A Registered Private Limited Company, Head Office Gulmohar Avenue, Rajbhawan Road, Somajiguda, Hyderabad (Andhra Pradesh) ---- Respondent For Applicant :

Shri O.P. Agrawal, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/08/17 Heard on I.A. No. 01, application for condonation of delay in filing the M.C.C.

2.

On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the M.C.C. and, therefore, the application (I.A. No. 01) is allowed. The delay in filing the M.C.C. is hereby condoned.

3.

Counsel for the applicant is also heard on restoration petition. 4.

On due consideration of the submissions of 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 28.06.2017, when the Arbitration Appeal No. 60 of 2011 was taken up for hearing, was based on

bonafide grounds.

5.

The M.C.C. No. 583 of 2017 is, therefore, allowed and the Arbitration Appeal No. 60 of 2011 is restored to its original number. Sd/- (Sanjay K. Agrawal) Judge Priyanka