High Court Of ChhattisgarhMCC/780/2016allowed

Smt. Radha Bai v. Chief Executive Engineer

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.780 of 2016 1.Smt. Radha Bai W/o Bhagwant Rao Thakre, Aged About 60 Years R/o Thakre Sadan, Arvind Marg, In Front Of Hero Honda Show Room, Old Sarkanda, Bilaspur, Tahsil & District- Bilaspur, Chhattisgarh

2. Ashok Kumar Rao S/o Bhagwant Rao Thakre, Aged About 23 Years R/o Thakre Sadan, Arvind Marg, In Front Of Hero Honda Show Room, Old Sarkanda, Bilaspur, Tahsil & District- Bilaspur, Chhattisgarh

3. Smt. Arti W/o Avinash Gujar, Aged About 23 Years R/o Thakre Sadan, Arvind Marg, In Front Of Hero Honda Show Room, Old Sarkanda, Bilaspur, Tahsil & District- Bilaspur

4. Smt. Alka Pawar W/o Shri Chandra Kishore Rao, Aged About 35 Years R/o House No. 48, Ganga Awas, Near Pragati Vihar, Bahatarai Road, near Sarkanda Thana, Tahsil & District Bilaspur, Chhattisgarh.

---- Applicants

Versus

1. Chief Executive Engineer Chhattisgarh State Electricity Distribution Company Ltd. Tifra, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh

2. Sr. Accounts Officer Chhattisgarh State Electricity Distribution Company Ltd., Tifra, Bilaspur, Tahsil & District- Bilaspur, Chhattisgarh

3. Branch Manager, Bank Of India, Branch Vyapar Vihar, Bilaspur, Tahsil & District- Bilaspur, Chhattisgarh

4. Branch Manager, District Central Co-Operative Bank, Maryadit, Sarkanda, Bilaspur, Tahsil & District- Bilaspur, Chhattisgarh

5. Smt. Meena Thakre W/o Late Bhagwant Rao Thakre, Aged About 61 Years R/o Thakre Sadan, Seepat Road, In Front Of Hero Honda Show Room, Arvind Marg, Old Sarkanda, Bilaspur, Tahsil & District- Bilaspur, Chhattisgarh

6. Ajay Rao Thakre S/o Bhagwant Rao Thakre, Aged About 32 Years R/o Thakre Sadan, Seepat Road, In Front Of Hero Honda Show Room, Arvind Marg, Old Sarkanda, Bilaspur, Tahsil & District- Bilaspur, Chhattisgarh.

---- Non-applicants

For Applicants :

Shri Sanjeev Sahu, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 26/10/2016 (1) Heard on I.A. No.01 i.e. application for condonation of delay in filing the MCC.

(2) On due consideration, I am satisfied that the applicants have 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) Learned counsel for the applicants is heard on restoration application.

(4) The applicants are seeking restoration of Civil Revision No.83/2015 which was dismissed for want of prosecution vide order dated 26.08.2016.

(5) On due consideration of the submissions of the learned counsel for the applicants and the grounds taken in the restoration application, I am satisfied that the absence of the applicants' counsel on 26.08.2016 when Civil Revision No.83/2015 was taken-up for hearing was based on bonafide grounds.

(6) Accordingly, M.C.C. No.780/2016 is allowed and Civil Revision No.83/2015 is restored to its original number. Sd/- (Sanjay K. Agrawal) Judge L/-