South Eastern Coalfields Limited v. Smt. Urmila

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 510 of 2021 South Eastern Coalfields Limited, through Chief General Manager, Chirmiri Area, West Chirmiri, District Korea, Chhattisgarh ---- Petitioner

Versus

1.

Smt. Urmila W/o Late Navratan Gond, R/o Azad Nagar, Godripara, Chirmiri, District Korea, Chhattisgarh 2.

Smt. Rambai W/o Late Navratan Gond, R/o 750 Quarter House No.523, Azad Nagar, Godripara, Chirmiri, District Korea, Chhattisgarh ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Vinod Kumar Deshmukh, Advocate Hon'ble Shri Arup Kumar Goswami, Chief Justice Hon'ble Shri N.K. Chandravanshi Judge Order on Board Per Arup Kumar Goswami, Chief Justice 30.11.2021 Heard Mr. Vinod Kumar Deshmukh, learned counsel for the petitioner. 2.

On being allowed, Mr. Deshmukh has corrected the date of covering memo in the index as well as paragraph-4 as 15.06.2021. 3.

There was a defect on the part of the appellant in not filing the paperbook and as a result, on 09.04.2021 while granting six weeks' time to make good the default, as pointed out by the Registry, this Court directed that unless the defects are cured within the time granted, the appeal would stand

dismissed without further reference to the Bench. Defects were not cured within the time specified and resultantly, an order dated 03.08.2021 was passed by the Registrar (Judicial) treating the case as dismissed for non-compliance of order passed by the Court dated 09.04.2021. 4.

Relying on the averments made in MCC No.510 of 2021, Mr. Deshmukh submits that the normal functioning of the High Court is suspended till 05.06.2021 from mid of April 2021 because of the lock-down imposed by the local administration due to COVID-19 pandemic. It is in that circumstance, paper-book could not be filed within the time granted by this Court. After assumption of normal functioning of the High Court from 07.06.2021, the appellant immediately took steps and filed the paper-book on 15.06.2021. We are satisfied with the explanation given and therefore, we restore the appeal to file in its original number. 5.

It is to be noted that despite service of notice, respondent had not entered appearance.

6.

Registry will now list the case for hearing in due course. 7.

MCC No.510 of 2021 stands disposed of.

Sd/- Sd/- (Arup Kumar Goswami) (N. K. Chandravanshi) Chief Justice Judge Anu