Smt. Sumitra Bai Sumer v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.969 of 2017 Smt. Sumitra Bai Sumer W/o Arjudas Sumer, Aged About 28 Years Occupation Labour, R/o Village Kalbirra, Janpad Panchayat Marwahi, District Bilaspur, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Women And Child Development, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh

2. The Collector, Bilaspur, District Bilaspur, Chhattisgarh

3. The Chief Executive Officer, Janpad Panchayat Marwahi, District Bilaspur, Chhattisgarh

4. Project Officer, Women And Child Development, Marwahi, District Bilaspur, Chhattisgarh

5. Smt. Kavita Bai Yadav W/o Rakesh Yadav, R/o Village Kolbirra, Janpad Panchayat, Marwahi, District Bilaspur, Chhattisgarh ---- Non-applicants For Applicant :

Mr. Lakhan Lal Mahilang, Advocate.

For State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/01/2018 (1) Heard on I.A. No.01, an application for condonation of delay in filing the MCC.

(2) On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the MCC and, therefore, I.A.No.01 is allowed. Delay in filing the MCC is condoned.

(3) Learned counsel for the applicant is heard on restoration application.

(4) The applicant is seeking restoration of MCC No.606/2017 which was dismissed for want of prosecution vide order dated 29.08.2017. (5) 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 29.08.2017 when MCC No.606/2017 was taken-up for hearing was based on bonafide grounds.

(6) Accordingly, M.C.C. No.969/2017 is allowed and MCC No.606/2017 is restored to its original number. Sd/- (Sanjay K. Agrawal) Judge L/-