High Court Of ChhattisgarhMCC/654/2018allowed

Oriental Bank Of Commerce v. Shri Radhe Commercial Services Private Limited

2019-07-02Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 654 of 2018 Oriental Bank Of Commerce (A Body Incorporated Under The Banking Companies (Acquisition And Transfer Of Undertaking) Act 1980 (The Act No. 40 Of 1980), Having Its Head Office At Harsha Bhawan E Block, Connaught Place, New Delhi-110001 Having Its Branch At Jarhabhatha Chowk Bilaspur, Presented Through Its Duly Constituted Attorney/authorized Officer And The Chief Manager, Mr. Rituraj Krishna S/o Shri Krishna Kumar, Aged About 42 Years, Chief Manager, Oriental Bank Of Commerce, Main Branch Jarahabhatha, Indu Chowk Post Office Head Post Office Bilaspur, Police Station Civil Lines, Bilaspur, Tahsil And District Bilaspur Chhattisgarh Pin-495001 ----Applicant

Versus

1. Shri Radhe Commercial Services Private Limited 13th Kilometer Stone, Bilaspur Raipur Road, National Highway 200, Bilaspur Chhattisgarh, Through Its Managing Director, Shri Arun Agrawal S/o Shri Narayandas Agrawal, Aged About 49 Years, R/o. L-7, Vinoba Nagar, Bilaspur, P.O. Bilaspur, Police Station Civil Lines, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. Pin- 495001

2. Shri Arun Agrawal S/o Shri Narayandas Agrawal, Aged About 49 Years R/o. L-7, Vinoba Nagar, Bilaspur, P.O. Bilaspur, Police Station Civil Lines, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. Pin-495001

3. Smt. Shashi Agrawal, W/o Shri Arun Agrawal, Aged About 48 Years R/o. L7, Vinoba Nagar Bilaspur, P.O. Bilaspur, Police Station Civil Lines, Bilaspur, Tahsil And District Bilaspur Chhattisgarh Pin- 495001

4. M/s Sunita Natural Forest Products Pvt. Limited, High Court Road, Bilaspur, P.O. Bilaspur, Police Station Kotwali, Bilaspur, Tahsil And District Bilaspur (Chhattisgarh) Pin- 495001, Through Its Director Shri Sandip Kedia., District : Bilaspur, Chhattisgarh ---- Respondents For Applicant :

Mr. Pramod Shrivastva, Advocate For Respondents :

Mr. Akshay Uppal, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 02.07.2019

1. Counsel for the applicant is heard on restoration petition.

2. The applicant is seeking restoration of WP227 No. 395 of 2013 which was dismissed for want of prosecution vide order dated 31.10.2017.

3. On due consideration of the submissions of the learned counsel for the petitioner and the grounds taken in the restoration petition, I am satisfied that the absence of petitioner's counsel on 31.10.2017 when WP227 No. 395 of 2013 was taken-up for hearing was based on bona fide grounds.

4. M.C.C. No. 654 of 2018, therefore, is allowed and WP227 No. 395 of 2013 is restored to its original number.

Sd/- (Sanjay K. Agrawal) Judge Vishakha