Sanjay Tiwari v. Nilesh Kumar
Case brief
What is this about?
The petitioner sought restoration of an acquittal appeal (ACQA No.337/2024) that had been dismissed for want of prosecution due to his non-appearance. The court accepted the explanation that the previous counsel left without notice and that the absence was not intentional. The appeal was restored upon an undertaking to deposit costs of Rs.1,000/- within seven days.
What did the court decide?
Restoration of ACQA No.337/2024, subject to depositing cost of Rs.1,000/- within seven days to the High Court Legal Services Authority.
What the court decided
Digitally signed bySOURABH SOURABH PATEL PATEL Date: 2026.09.18 14:21:32 +0530
1
CGHC010363162026
2026:CGHC:40749
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2424 of 2026
1 - Sanjay Tiwari S/o Late Sudhakar Tiwari, Aged About 42 Years, R/o Maa Kanak Medical Stores, Camp 2, Bhilai, Tahsil And DistrictDurg (C.G.).
... Petitioner(s)
versus
1 - Nilesh Kumar S/o Late Shri Lallan Sharma, Aged About 24 Years, R/o 155 New B S P Quarter, In Front Of Subhas Chauk Gali Camp 1, Bhilai, Tahsil And District- Durg (C.G.).
... Respondent(s)
For Petitioner : Mr. Rohan Kumbhare, Advocate. For Respondent : Mr. Aditya Shrivastava, Advocate on behalf of Mr. B.P. Singh, Advocate.
Issues for consideration
2 issues framed by the court
Whether the acquittal appeal (ACQA No.337/2024) dismissed for want of prosecution should be restored due to bona fide reasons for the petitioner's non-appearance and lack of intentional default.
Whether the petitioner is entitled to a restoration order by depositing court costs within a specified timeframe.
Parties & counsel
- petitioner
Sanjay Tiwari
- respondent
Nilesh Kumar
Coram
Sanjay Kumar Jaiswal
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · September
- Registered
- Case no.
- CRMP/2424/2026
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