M/S M B L Infrastructure Ltd v. Naya Raipur Development Authority

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 473 of 2018 M/s MBL Infrastructure Ltd Through : Assistant General Manager (Business Development) Baani Corporte One, 303 & 308, Third Follor, Plot No. 5, Commercial Central, Jasola, New Delhi -110025 ----Applicant

Versus

1.

Naya Raipur Development Authority through its registered office 1st Floor Utility Block, Capital Complex, Sector 19, Naya Raipur (C.G.) 492002 2.

The Chief Engineer (Engg) Naya Raipur Development Authority 1st Floor Utility Block, Capital Complex, Sector 19, Naya Raipur (C.G.) ---- Respondents For Petitioner : Mr. Anurag Dayal Shrivastava, Advocate.

For Respondents : Ms. Swati Upadhyaya, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 10/08/2018 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 applicant is 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.

The applicant is seeking restoration of ARBA No. 37 of 2014 which was dismissed for want of prosecution vide order dated 8.12.2017. 5.

On due consideration of the submission 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 8.12.2017 when ARBA No. 37 of 2014 was taken-up for hearing was based on bona fide grounds.

6.

M.C.C. No.473/2018, therefore, is allowed and ARBA No. 37 of 2014 is restored to its original number.

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