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2025 DAILYLAW 3064 (CHH)

SALASAR WELFARE RESIDENT ASSOCIATION v. M/ S SACHDEVA BUILDCON AND ORS.

MCC/62/2025 · 2025-02-04

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

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1 2025:CGHC:6262 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 62 of 2025 1 - Salasar Welfare Resident Association Through Its Secretary Shri Pankaj Soni, S/o Shri K.L. Soni, Aged About 41 Years, R/o 402, B - Block, Salasar Greens, Sarona, Ward No. 17, Tehsil And District Raipur Chhattisgarh. ... Applicant versus 1 - M/ S Sachdeva Buildcon And Ors. Through Mr. Vivek Sachdev, S/o Late Shaman Das Sachdev, R/o Narayan Mill Compound, Ramsagar Para, Tehsil And District Raipur Chhattisgarh. 2 - M/s Wallfort Properties Pvt. Ltd. Through Shri Sanjay Golechha, R/o House No. G - 17, Shriram Park, D.D.U. Housing Nagar, Daganiya, Tehsil And District Raipur Chhattisgarh. 3 - Wallfort Garden Residential Society Near Salasar Greens, Sarona, Tehsil And District Raipur Chhattisgarh. ... Respondents (Cause title, as taken from CIS) For Applicant : Mr. Pushp Kumar Gupta, Adv. For Respondents : None. (Hon'ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 04/02/2025 1. Heard on I.A. No.01/2025, application for condonation of delay in filing the instant application. 2 2. In view of reasons mentioned in the application, which is well supported by an affidavit, I.A. No.01/2025 is allowed and delay of 130 days in filing the instant MCC is hereby condoned. 3. Also heard on MCC. 4. This MCC has been filed for restoration of MA No.159/2023, which was dismissed on the basis of peremptory order dated 01.08.2024. 5. Learned counsel for the applicant would submit that the concerned miscellaneous appeal was dismissed pursuant to peremptory order dated 01.08.2024 passed by this Court, as applicant herein could not rectify the defect within specified period, hence, he prays that this MCC may be allowed and the concerned MA No.159/2023 may be restored in its original number. 6. Having considered the reasons mentioned in the application, which is well supported by an affidavit, this MCC is allowed and the impugned order dated 01.08.2024 is recalled. The Registry is directed that MA No.159/2023 (Salasar Welfare Resident Association vs. M/s Sachdeva Buildcon and Ors.) be restored in its original number. 7. Accordingly, this MCC is allowed. 8. List the main case i.e. MA No.159/2023 in the next week. Sd/- (Naresh Kumar Chandravanshi) JUDGE Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.02.04 15:23:36 +0530