Dismissed

Sayyad Anwar Ali v. Regional Transport Authority and Anr.

Chhattisgarh HC16 Jul 2012MCC/175/2008

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed an application seeking restoration of a civil miscellaneous case that had been dismissed in default. The Court found the stated grounds insufficient and the manner of prosecution unworthy of recalling the original dismissal order.

What did the court decide?

Application for restoration of M.C.C. No. 141/2008 dismissed; no cost awarded.

Sayyad Anwar Ali Vs Regional Transport… — Civil Procedure and Limitation | Chhattisgarh HC (2012)

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BEFOR.E THE HON'BLE MIGH COURT OF CHHATnSGARH AT BILASPUR (C.G.V

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M.C.C.NO.I^-t3/2008

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M.G.C.NO. 141/2008

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Sayyad Anwar Aii aged about 41 son of Shri SayyadAhmadAli resident of C-18,Sector 5 Devendra Nagar, Raipur (CG)

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APPLICANT

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ir^rt—r«i/7 years, son of Shri SayyadAhmadAli

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^ R,R.lto................i..^—i-,2r^U ^ Presented by Shri .;.^V\i$v^-(^v^ w^.........:^..^-^-^"-

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VERSUS

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Regional TransportAuthority - Chhattisgarh atRaipurCC.G.) 3. Secretary, Regional Transport

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NON-APPLICANTS

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s^^ Authority, Chhattisgarh at Raipur. i^ 5 .-^^:^.'^*.ne" '' APPLICATION~~—;--'•'—'"FOR'.-- RESTORATION•'. ': • . ' •....OFM.C.C....•....• ^ N0.. ; t41^2QQ8»• .';' DISMISSED IN DEFAULT ON 31/3/2008

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HIGH COURT OF CHHATTISGARH AT BILASFUR

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D.B.: Hon'ble Mr. Justice Abhay Man^harJSapre & Hon^ble Mr. Justic^ G. Minhajyddin

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M.C.C.No.175 of 2008

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Applicant Sayyad Anwar Ali

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yersus

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Resoondents Regional Transport Authority .and another

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Present: None for the applicant.

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Shri Shashank Thakur, Panel Lawyer for the State.

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Anplication for restoration of M.C.C. No. 141/2008

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O R D ER

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(Passed on 16ihjuly, 2012)

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The following order of the Court was

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passed by Abhay Manohar Sanre, J.

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Heard.

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This MCC is a restoration application and it arises out of order passed in MCC No.141/2008 which came to be dismissed on 31.3.2008 for want of prosecution.

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This restoration application is placed before this Court as per Rules, because, in the meantime the leamed Single Judge who had dismissed the said MCC has demitted the office.

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We have gone fhrough the cause stated in the application made for restoration of the case and find fhat it does not constitute a good or sufficient ground for restoration of the MCC. In fact, lookkig to the raanner in which the applicant prosecuted the main case and this application, we are satisfied that no case is raade out for recalling of the impugned order.

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;liS;1::.*

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As a consequence, this application i.e. application seeking for restoration is liable to be dismissed.

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Although, in view of what is held supra, it is not necessary to go into the merits of the case, out of which, this MCC arises, yet we have perused the entire record of the case and find that even otherwise, there is no merit and substance in the case which may require hearing on raerits. In other words, we have not been able to nodce any substantial ground in the case warranting its restoration.

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In the light of fhe foregoing discussion, we do not find any good or sufficient ground made in the application for restoration ofthe case (MCC). We are, therefore, constrained to dismiss the application for restoration of MCC.

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No cost.

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Sd/(Abhay Manohar Sapre) JUDGE

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Sd/-

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(G. Minhajuddin) JUDGE

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Bini

Sayyad Anwar Ali v. Regional Transport Authority and Anr.

Case brief

What is this about?

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Sayyad Anwar Ali v. Regional Transport Authority and Anr.

Case brief

What is this about?

What did the court decide?

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