Vandana Rolling Mills Limited v. B.G.R. Energy System Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 523 of 2021 Vandana Rolling Mills Limited Through Director Subhash Agrawal S/o Shree Niranjan Lal Agrawal, Vandana Building, M.G. Road, Raipur Through Power of Attorney Holder Santosh Kumar Dubey, S/o Late Laxmishankar Dubey, aged about 43 years, R/o Vandana Building, M.G. Road, Raipur P.S. & P O. Raipur, District Raipur (C.G.) ---- Applicant

Versus

1.

B.G.R. Energy System Limited 443 Anna Salai, Tenampet, Chennai 600018, Tamilnadu 2.

Shashikala Raghupathi, Chairman, B.G.R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu. 3.

V.R. Mahadevan, Joint Managing Director, B.G.R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu. 4.

A. Swaminathan, Joint Managing Director and Chief Executive Officer, B.G.R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu.

5.

Swarnmagi Kartik, Director, Corporate Strategy, B.G.R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu. 6.

S. R. Tagat, Director, B.G.R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu.

7.

A. A. Bohara, Director, B.G.R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu.

8.

M. Gopalkrishna, Director, B.G.R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu.

9.

M. S. Sundararajan, Director, B.G.R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu.

10.

Janana Rajshekharan, Director, B.G.R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu. 11.

Hendrich Bohmer, Director, B. G. R. Energy System Limited, 443, Anna Salai, Tenampet, Chennai, 600018, Tamilnadu.

---- Respondents (Cause-title taken from Case Information System) For Applicant :

Mr. Prasoon Agrawal, Advocate.

For respective Respondents :

Mr. Samarth Pandey, Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice Hon'ble Shri Justice N.K. Chandravanshi, Judge Order on Board Per Arup Kumar Goswami, Chief Justice 16.12.2021 Heard Mr. Prasoon Agrawal, learned counsel for the applicant. Also heard Mr. Samarth Pandey, learned counsel appearing for respondents. 2.

By an order dated 08.04.2021, this Court, while granting six weeks time in First Appeal No. 65 of 2018 to cure the default pointed out by the Registry, observed that failure to cure the default within the aforesaid time, the appeal shall stand dismissed without further reference to the Bench. 3.

Default not having been rectified, the appeal came to be dismissed. 4.

MCC No. 523 of 2021 is filed for restoration of the first appeal. 5.

It is stated that because of COVID-19 pandemic as also because some of his relatives were suffering from COVID-19, the applicant could not take requisite steps.

6.

Mr. Prasoon Agrawal, learned counsel for the applicant submits that the defect pointed out by the Registry was in relation to non-preparation of the paper-book. He submits that paper-book is ready and he can file the same during the course of the day.

7.

On due consideration, MCC No. 523 of 2021 is allowed. 8.

First Appeal No. 65 of 2018 is restored to its original number. Paper-book shall be filed during the course of the day.

9.

Registry will list the case before the appropriate Bench after four weeks. Sd/- Sd/- (Arup Kumar Goswami) (N.K. Chandravanshi) Chief Justice Judge Brijmohan