Dismissed

Chhattisgarh Power And Coal Benefication Limited v. State Trading Corporation

Chhattisgarh HC16 Dec 2016MA/118/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed the applicant's motion for condonation of delay and the subsequent miscellaneous appeal, holding both barred by a 520-day limitation period as the default remedy was available.

What did the court decide?

The application for condonation of delay (I.A.No.1/2016) and the Miscellaneous Appeal were dismissed.

Chhattisgarh Power And Coal Benefication Limited Vs State Trading Corporation — Chhattisgarh HC (2016) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MA No. 118 of 2016

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Chhattisgarh Power And Coal Benefication Limited Through Shikhar Agrawal S/o Shri Ramavtar Agrawal, Aged About 28 Years, Managing Director, Chhattisgarh Power And Coal Benefication Limited, Agrawal Bhawan, Shiv Mandir Road, Vidya Nagar, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh ...............(Plaintiff)

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---- Appellant

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Versus

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State Trading Corporation Through Shri S.P.Lakpa, Deputy General Manager, State Trading Corporation, Nilhat House, 9/10 Floor, 11 R.N. Mukherjee Road, Kolkata (West Bengal)

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Federal Bank Limited, Through Its Branch Manager, Federal Bank Limited, Ground Floor, Lalganga Shopping Marg, Raipur, Tahsil And District Raipur, Chhattisgarh ................(Defendants)

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---- Respondents

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For Appellant

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: Shri B.D. Guru, Advocate

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Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board

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16/12/2016

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Heard on I.A.No.1/2016 for condonation of delay in filing the appeal as the same has been preferred after 520 days of its limitation.

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Learned counsel for the appellant would pray that earlier the appellant/petitioner had filed Writ Petition (227) No.335/2015 and vide order dated 17.2.2016 after the dismissal of said writ petition as not maintainable they filed the instant Misc. Appeal under the provisions of Order 43 Rule 1 (r) C.P.C, the delay is bonafide and unintentional, hence, the same may be condoned and the appeal may be admitted for consideration.

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Perused the order dated 17.2.2016, passed in Writ Petition (227) No. 335/2015. It appears that the said writ petition was dismissed as not maintainable as the remedy to file Misc. Appeal was available.

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The appellant is required to explain the delay satisfactorily for filing the instant Misc. Appeal. In the present case, there is no satisfactory cause to condone the delay. The Misc. Appeal is barred by 520 days of limitation.

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On due consideration, I.A.No.1/2016 is dismissed as not maintainable. Also the Misc. Appeal is dismissed as barred by 520 days of its limitation.

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Sd/ (Chandra Bhushan Bajpai) Judge

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sunita

Chhattisgarh Power And Coal Benefication Limited v. State Trading Corporation

Case brief

What is this about?

What did the court decide?

Chhattisgarh Power And Coal Benefication Limited v. State Trading Corporation

Case brief

What is this about?

What did the court decide?

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