M/S Akshita Enterprises v. M/S City Mall Vikas Private Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 773 of 2017 (Arising out of judgment/order dated 08.09.2017 in ARBA Case No. 23/2014 of the learned Hon'ble Court) M/s Akshita Enterprises, having its Office at Samdariya Mall, Civic Centre, Jabalpur Madhya Pradesh, through authorized representative Anil Tomar S/o Ajab Kumar Tomar, Age 48 Yrs. R/o D-10, Minocha Colony, Bilaspur Chhattisgarh.

---- Petitioner

Versus

M/s City Mall Vikas Private Ltd. through its Managing Director having its Office at A-7, Anupam Nagar Raipur City Tahsil and District Raipur Chhattisgarh.

---- Respondent For Petitioner :

Mr. Raja Sharma, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/10/17 Heard on application for restoration of Arbitration Case No. 23 of 2014. 2.

The applicant is seeking restoration of Arbitration Case No. 23 of 2014 which was dismissed by this Court for want of prosecution vide order dated 08.09.2017.

3.

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 08.09.2017, when the Arbitration Case No. 23 of 2014 was taken up for hearing, was based on bonafide grounds.

4.

The M.C.C. No. 773 of 2017 is, therefore, allowed and the Arbitration

Case No. 23 of 2014 is restored to its original number subject to payment of cost of Rs.5,000/- (Five Thousand) to the High Court Legal Aid Committee within ten days from today.

Sd/- (Sanjay K. Agrawal) Judge Priyanka