Pawan Kumar Chouhan v. Nitesh Kumar Agrawal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 944 of 2021 • Pawan Kumar Chouhan, S/o Lt. Chinta Ram Chouhan, aged about 40 years, residence of Dhimrapur Jagatpur Tahsil and District- Raigarh (C.G.).

---- Petitioner

Versus

1. Nitesh Kumar Agrawal S/o Gulab Chand Agrawal, aged about 40 years, residence of Town Hall Ke Samne Raigarh Tahsil and DistrictRaigarh (C.G.).

2. State of Chhattisgarh, through District Magistrate Raigarh DistrictRaigarh (C.G.). ---- Respondents For Petitioner : Mr. Vivek Kumar Pandey, Advocate.

For State : Mr. Gurudev I. Sharan, G. A.

Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 14.09.2021

1. Counsel for the petitioner is heard on restoration application.

2. It is submitted by counsel for the petitioner that there had been bona-fide reasons for non-appearance of the counsel for the petitioner on 13.07.2021 when Cr.M.P. No. 2703 of 2019 was taken-up for hearing. Therefore, the order passed in Cr.M.P. No. 2703 of 2019 dismissed for want of prosecution, may be recalled and the above said Cr.M.P. be restored to its original number.

3. Considering the submission of learned counsel for the petitioner and the grounds taken in the restoration petition, I am inclined to allow this petition. The order dated 13.07.2021 is recalled and the Cr.M.P. No. 2703 of 2019 is restored to its original number.

4. A copy of this order be placed in the original file i.e. Cr.M.P. No. Sd/ - (Narendra Kumar Vyas) Judge amita