The court dismissed an appeal against a single judge's order refusing to condone the delay in a restoration application. It held that the appellant's explanation was not plausible.
Writ appeal dismissed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 252 of 2016
Mohd. Shahid Khan, S/o Shri Mohd. Rahim Khan, Aged about 38 Years, Resident of Sadar Police Line (Old Lines), Quarter No. 2/631, Main Gate Police Line, Raipur, District Raipur, Chhattisgarh
---- Appellant
Versus
---- Respondents
For Applicant : Shri Ravi Bhagat, Advocate For Respondent : Shri Vinod Deshmukh, Deputy Govt. Advocate
Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board
19/09/2016
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on 22.8.2012. Thereafter, the Appellant filed the application for restoration being M.C.C. No. 38 of 2013, which was allowed and the writ petition was ordered to be restored on 28.1.2013. Unfortunately, on 9.1.2014 again the writ petition was dismissed. Thereafter, the Appellant had filed application for restoration being M.C.C. No. 982 of 2015 on 2.12.2015 i.e.after almost two years. In the application for condonation of delay only grounds given are as follows:
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remained under the impression that the writ petition was pending. Why would a party write directly to the High Court for information about his case if he has engaged a counsel and was in contact with him. The Appellant is not telling whole truth to the Court and is hiding something from the Court.
Sd/- Sd/-
(Deepak Gupta) (Sanjay K. Agrawal) Chief Justice Judge
vatti
1 issue framed by the court
Whether the grounds of delay in applying for restoration of a writ petition dismissed for want of prosecution are sufficient to condone the delay.
1 provisions across 1 enactments
Mohd. Shahid Khan
State of Madhya Pradesh (Now Chhattisgarh)
Deepak Gupta
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
