S Kumars Associates v. Hindustan Steel Constructions Limited

NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCC No. 640 of 2021 • S Kumars Associates G.S. Compound, New Bus Stand Transport Nagar, Korba Chhattisgarh. (Through Its Partner Avinash Bansal, S/o Shri Ashok Agrawal, aged about 31 Years, R/o A-114, Swarnabhoomi, Raipur, Chhattisgarh) ---- Applicant

VERSUS

• Hindustan Steel Constructions Limited P-34A, Gariahat Road (South), Kolkata - 700031 (West Bengal) Also Having Office at Nirman Bhawan, Sector-1, Bhilai, Durg, Chhattisgarh. 491001 ------Respondent For Applicant : Mr. Akash Kundu, Advocate on behalf of Rishabh Garg, Advocate For Respondent : None.

Hon'ble Shri P. Sam Koshy, Judge Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per P. Sam Koshy, J.

24/11/2021

1. Learned counsel for applicant submits that the defect pointed out by the Registry shall be cured during the course of the day.

2. Matter is heard on admission.

3. On due consideration, taking into consideration the contention put-forth by the learned counsel for applicant and also considering the nature of dispute, strong case is made out for restoration of F.A.M. No. 24/2020.

4. Accordingly, MCC stands allowed and F.A.M. No. 24/2020 is restored to its original number. No order as to cost.

5. Meanwhile, the default pointed out by the Registry in the First Appeal shall be cured by the appellant in further period of two weeks.

Sd/- Sd/- (P.Sam Koshy) (Parth Prateem Sahu) JUDGE JUDGE P a w a n