Vs
Case brief
What is this about?
This Division Bench dismissed an application for restoration of a miscellaneous appeal dismissed for want of prosecution, rejecting arguments of bona fide mistake for a corporate entity with demonstrated litigation history.
What did the court decide?
Application for restoration of M.C.C. No. 273/2010 dismissed.
What the court decided
IN THE HON'BLE HIGH COURT OF CHHATTISGARH ATBILASPUR
MISC. CIVIL CASE N0?<?5> OF 2010
•^: 'V''.
APPUCANT M/s DerolionSolvent Product Ltd. APPELLANT Through^Director, Shri Satya Narayan Sharma, aged about 46 •M ^ years, A company incorporated under the Companies Act, 1956 ^^ Having its registered office at ^y. Village Pendari, Tahsil Takhatpur, <* ^- District Bilaspur (C.G.) ^^>*' ^^^.y VERSUS
VERSUS
NON-APPLICANT I.^VIahajan Brothers, a partnership RESPONDENT ^ firm registered underthe Indian Partnership Act, 1932, through its partners Shri Madhav Rao S/o Govind Rao Mahajan, agerd about 71 years, Having its place of business at Anaj Bazar, Itwari Nagpur.
APPLICATION FOR RESTORATION OF THE MISCELLENEOUS APPEAL N0. 965/2005 TO ITS ORIGINAL NUMBER BY J^CCALLINO THE ORDER DATED 01.04.2005 PASSED BYTHIS HON'BLE COURT
Applicant/Appellant, above named most humbly and respectfully
submits as under: -
HIGF^CQURT QF CHHATTISGARH : BILASPUR
Issues for consideration
2 issues framed by the court
Whether the appeal for restoration should be allowed given the appellant company’s repeated failures to prosecute despite having engaged multiple lawyers?
Whether the appellant’s status as a limited company and prior execution decrees justify refusal of restoration for want of prosecution?
Parties & counsel
- appellant
M/s Derolion Solvent Product Ltd.
- respondent
Mahajan Brothers
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · July
- Registered
- Case no.
- MCC/273/2010
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