Delay in filing proof of cost deposit required for restoration of Second Appeal No.150/2019 was sought to be condoned. The court condoned the delay and restored the second appeal to its original number, modifying its earlier order dated 06.10.2023 in MCC No.930/2019.
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1 (MCC No. 186 of 2024)
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No. 186 of 2024
Savitri Bai W/o Shyamlal Kalar Aged About 48 Years R/o Village Mohbhatha, Tahsil Patharia, District- Mungeli, Chhattisgarh.
---- Applicant
Versus
---- Non-applicants
(Cause-title taken from Case Information System)
------------------------------------------------------------------------------For Applicant :- Mr. Dheerendra Pandey, Counsel For State :- Mr. Sharad Mishra, Panel Lawyer For Non-applicant :- Mr. Rahul Mishra, Counsel -------------------------------------------------------------------------------
2
(MCC No. 186 of 2024)
SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
15.03.2024
1. Heard.
2. Learned Counsel for the applicant submits that though by order of this Court dated 06.10.2023, passed in MCC No.930/2019, Second Appeal No.150/2019 (which was dismissed for non-compliance of this Court’s order dated 22.02.2019), was restored to its original number subject to payment of cost of Rs.2,000/- before the High Court Legal Services Committee and file proof thereof before this Court within 10 days from the date of said order. However, though the said amount of cost was deposited on 12.10.2023 but the receipt of the same was filed before this Court with a delay on 04.12.2023 and, therefore, SA No.150/2019 could not be restored. Hence, it is prayed that delay in filing proof/receipt before this Court may kindly be condoned.
3. In that view of the matter, I deem it appropriate to condone the delay occurred in filing the proof/receipt before this Court in compliance of order dated 06.10.2023. Accordingly, SA No.150/2019 is restored to its original number for hearing and disposal in accordance with law.
3
(MCC No. 186 of 2024)
4. With the aforesaid direction and modification in the order dated 06.10.2023 passed in MCC No.930/2019, the present MCC stands disposed off.
Sd/- (Sanjay K. Agrawal) Judge
@d!t!
1 issue framed by the court
Should the delay in filing proof of cost deposit, preventing restoration of SA No.150/2019 under the order dated 06.10.2023 in MCC No.930/2019, be condoned?
Savitri Bai W/o Shyamlal Kalar
Priya Bai @ Priliya Bai D/o Babulal Satnami
Babulal S/o Samelal
Motimbai W/o Babulal Satnami
Mus. Matiyabai W/o Ghasiram Satnami
Dayadin S/o Ghasiram (minor)
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
