Shri Niwasa Construction Ltd. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.826 of 2016

1. Shri Niwasa Construction Ltd. A Company Registered Under Companies Act, 1956, Having Its Registered Office At 6-2913/914, Progressive Tower 5th Floor, Khairathabagh, Hyderabad, Presently Holding Zonal Office At HIG C-130, 1st Floor, Sector-1, Devendra Nagar, Raipur, Represented Through Zonal Manager, S.V. Pratap Reddy, Age About 40 Years, S/o Ramchandra Reddy.

---- Applicant

Versus

1. State Of Chhattisgarh Through Its Secretary, Mineral Resources Department, Mantralaya, D.K.S. Building, Raipur, District Raipur, Chhattisgarh, Presently Office At New Mantralaya, Village- Rakhi, New Raipur, District Raipur, Chhattisgarh

2. The Director, Geology & Mining, Ring Road No.2, Raipur, District Raipur, Chhattisgarh, Presently Office At Indrawati Bhavan, New Raipur, District- Raipur, Chhattisgarh

3. The Collector, Raipur, District Raipur, Chhattisgarh

4. The Executive Engineer, N.R.P. Phase I I, Works Division, Raipur, District- Raipur, Chhattisgarh.

---- Non-applicants For Applicant :

Shri Yogesh Pandey, Advocate For State :

Shri Prasun Bhaduri, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/11/2016 (1) Learned counsel for the applicant is heard on restoration application.

(2) The applicant is seeking restoration of W.P. No.4345/2004

which was dismissed for want of prosecution vide order dated 04.10.2016.

(3) On due consideration of the submissions of the learned counsel for the applicant and the grounds taken in the restoration application, I am satisfied that the absence of the applicant's counsel on 04.10.2016 when W.P. No.4345/2004 was taken-up for hearing was based on bonafide grounds.

(4) Accordingly, M.C.C. No.826/2016, therefore, is allowed and W.P. No.4345/2004 is restored to its original number, subject to payment of cost of Rs.7,500/- payable to High Court Legal Aid Committee within a period of 15 days from today. Sd/- (Sanjay K. Agrawal) Judge L/-