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High Court Of ChhattisgarhMCC/23/2021allowed

R. R. Tripathi (Dead) Through Legal Heirs v. The Additional Registrar

2021-12-06Hon'Ble Shri Justice Naresh Kumar Chandravanshi3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 23 of 2021 R.R. Tripathi (dead) through legal heirs, Smt. Manju Tripathi, Wd/o R.R. Tripathi, Wd/o R.R. Tripathi, aged about 55 years, R/o Near Naya Talab, Gourinagar, Rajnandgaon, Distt. Rajnandgaon (C.G.) ---- Applicant

Versus

1. The Additional Registrar, Co-operative Societies, Raipur (C.G.)

2. Zila Sahkari Kendriya Bank, Maryadit, Rajnandgaon (C.G.) Through : Chief Executive Officer.

----Respondents For Applicant : Mr. Ravindra Sharma, Advocate. For Respondent No. 1 : Mr. Gagan Tiwari, Dy. Govt. Advocate. Hon'ble Shri Justice N.K. Chandravanshi Order On Board 06.12.2021 Heard.

1.

This restoration application has been filed on 27.11.2020 to restore W.P. (S) No. 4643/2008, which had been dismissed by the Registry's order dated 25.02.2020 in non-compliance of the peremptory order dated 02.01.2020 passed by this Court. 2.

Looking to imposition of lock-down by the Central Government vide order dated 24.03.2020 and in view of order passed by the Hon'ble Apex Court in Suo Motu Writ Petition (Civil) No. 3/2020, this M.C.C. is found to be filed within a period of limitation. 3.

Learned counsel for the parties submit that W.P. (S) No. 4643/2008, notices had not been issued to the respondents.

4.

Considering the grounds taken in the application and submission made by the applicants, the M.C.C. No. 23/2021 is allowed.

5.

Registry is directed to restore the Writ Petition (S) No. 4643/2008 to its original number, which was dismissed for non-compliance of the court's order dated 02.01.2020.

6.

A week's time is granted to rectify the defects as pointed out by the Registry in the original writ petition.

7.

Accordingly, the M.C.C. is disposed of.

Sd/- (N.K.Chandravanshi) Judge D/-