Matuk Lal Soni (Since Died) Through Legal Representative Suresh Kumar Soni v. Shri Ram Janki Bade Mandir Trust

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 35 of 2020 Matuk Lal Soni (since died) Through Legal Representative Suresh Kumar Soni, S/o Shri Matuk Lal Soni, Aged about 53 years, R/o Sarafa Line Takhatpur, Tahsil Takhatpur, District Bilaspur, Chhattisgarh.

---Applicant

Versus

Shri Ram Janki Bade Mandir Trust Sarafa Line Takhatpur, Tahsil Takhatpur, District Bilaspur, Chhattisgarh.

---Non-applicant For Applicant :- Mr. C.K. Kesharwani, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/01/2021

1. Learned counsel for the applicant submits that second appeal filed by the appellant/applicant herein i.e. Second Appeal No. 125/2008 was linked along with Second Appeal No. 51/2008 in which on 11/11/2019 this Court had granted 7 days' time to the appellant for payment of PF and had ordered that non-payment of PF within 7 days would lead to automatic dismissal of the second appeal without further reference to the

Bench. As ordered by this Court, Second Appeal No. 51/2008 was dismissed for non-payment of PF within the stipulated time, but since Second Appeal No. 125/2008 was linked with Second Appeal No. 51/2008, it was also dismissed by the Registry without reference to the Bench.

2. On due consideration of the submission made by learned counsel for the applicant and the grounds taken in the restoration petition, M.C.C. No. 35 of 2020 is allowed and Second Appeal No. 125/2008 is restored to its original number for hearing and disposal in accordance with law.

Sd/- (Sanjay K. Agrawal) Judge Harneet