Bhagwan Prasad Yadav v. Chandan Das

Chhattisgarh HC4 Feb 2025MCC/125/2025

Case brief

AI extract

What is this about?

Restoration of first appeal dismissed for want of prosecution; condonation of 107 days' delay supported by affidavit; counsel's inadvertent failure to note listing on 23.08.2024; FA No.39/2021 (Bhagwan Prasad Yadav v. Chandan Das & Others); MCC No. 125 of 2025; Chhattisgarh High Court, Bilaspur; Justice Naresh Kumar Chandravanshi; order dated 05/02/2025.

What did the court decide?

Condonation of 107 days' delay in filing the M.C.C. and restoration of FA No.39/2021 to its original number. ¶¶26

Bhagwan Prasad Yadav Vs Chandan Das — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:6425

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

MCC No. 125 of 2025

¶6

Bhagwan Prasad Yadav, S/o Late Sakaldeep Yadav, Aged About 52 Years, R/o T.P. Nagar, Plot No.151, Korba P.S. Tahsil & District Korba, Chhattisgarh.

¶7

... Petitioner/Applicant

¶8

versus

¶9

1. Chandan Das, S/o Jhadudas, Aged About 40 Years, R/o Dongardaha, Tahsil & District Korba, Chhattisgarh.

¶10

2. Satpal Das, S/o Nohar Das, Aged About 37 Years, R/o Dongardaha, Tahsil & District Korba, Chhattisgarh.

¶11

3. State Of Chhattisgarh, Through Collector, Korba, Chhattisgarh.

¶12

4. Sadhuram, S/o Dayaram Yadav, R/o Dipka, Vijay Nagar, Tahsil Katghora, District Korba, Chhattisgarh.

¶13

5. Surendra Pratap Jaiswal, S/o Krishna Jaiswal, R/o Gandhi Chowk, Korba, Tahsil & District Korba, Chhattisgarh.

¶14

... Respondents

¶15

(Cause title taken from Case Information System)

¶16

For Petitioner/Applicant : Mr. Vikas Kumar Pandey counsel appears on behalf of Mr. Animesh Verma, Advocate. For State/respondent No.3 : Ms. Mandavi Bhardwaj, P.L.

¶17

Hon’ble Shri Justice Naresh Kumar Chandravanshi

¶18

Order On Board

¶19

05/02/2025

¶20

1. Heard on I.A. No.1/2025, application for condonation of delay in filing the M.C.C.

¶21

2. On due consideration and for the reasons mentioned in the application, which is well supported by an affidavit, I.A. No.1/2025 is allowed and the delay of 107 days in filing the M.C.C. is hereby condoned.

¶22

¶23

3. Also heard on M.C.C., application for restoration of FA No.39/2021, which was dismissed for want of prosecution vide order dated 23.08.2024.

¶24

4. Learned counsel for the applicant would submit inadvertently he failed to note the listing of the case on 23.08.2024, therefore, he could not appear, when the case was called out for hearing. Hence, it is prayed that instant M.C.C. may be allowed and FA No.39/2021 may be restored to its original number.

¶25

5. On due consideration and for the reasons mentioned in the application, instant M.C.C. is allowed.

¶26

6. Registry is directed to restore FA No.39/2021 {Bhagwan Prasad Yadav Versus Chandan Das & Others} in its original number.

¶27

Sd/-

¶28

(Naresh Kumar Chandravanshi) Judge

¶29

DEEPTIJHANIRALA Digitallysigned byDEEPTIJHANIRALADate:2025.02.0516:08:11+0530

Bhagwan Prasad Yadav v. Chandan Das

Case brief

What is this about?

What did the court decide?

Bhagwan Prasad Yadav v. Chandan Das

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Salasar Welfare Resident Association Vs M/ S Sachdeva Buildcon and Ors.

Smt. Sarswati Sahu Vs Yogeshwar Sahu

Xxx Vs State of Chhattisgarh

Smt. Pankajni Chouhan Vs State of Chhattisgarh

Mrigesh Kumar Yadav Vs State of Chhattisgarh

Employees State Insurance Corporation Vs M/s Cosmos Casting India Ltd.