1 2025:CGHC:3289-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 38 of 2025 Rakesh Kumar Agrawal S/o Vishnu Ram Agarwal Aged About 39 Years R/o Ward No.13, Pd. Jawahar Lal Nehru Ward, Ketka Road, Surajpur, District Surajpur, Chhattisgarh (Plaintiff) ... Applicant versus 1. Vikram Kumar Sahu S/o Shiv Nandan Sahu Aged About 52 Years R/o Bhaiyatharran Road, Shubhash Chandra Road No.05, Surajpur, Thana And Tehsil Surajpur, District Surajpur, Chhattisgarh (Defendant No.1) 2. State Of Chhattisgarh Through The Collector, Surajpur, District Surajpur, Chhattisgarh (Defendant No.2) ... Respondent(s) For Petitioner(s) : Mr. Amrito Das, Advocate For Respondent No.1. : Mr. Amit Kumar, Advocate For Respondent No.2. : Mr. Ankur Kashyap, Dy. Govt. Advocate Hon'ble Smt. Justice Rajani Dubey, J Hon'ble Shri Justice Narendra Kumar Vyas, J Order on Board Per Rajani Dubey, J. 20.01.2025 1. Heard on application for restoration of First Appeal No. 121 of 2018. BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.01.21 10:51:39 +0530 2 2. The applicant is seeking restoration of First Appeal No. 121 of 2018, which was dismissed by this Court in default vide order dated 02.01.2025. 3. On due consideration of the submissions made by the learned counsel for the applicant and the grounds taken in the restoration application, we are satisfied that non-apperance of the appellant was neither intentional nor deliberate and he further undertakes that the same shall not get repeated in future and it shall be ensured that proper representation is made when the matter is called. 4. Accordingly, the instant MCC is allowed and the First Appeal No. 121 of 2018 is restored to its original number for hearing and disposal in accordance with law subject to payment of cost of Rs. 3000/- ( Three Thousand Rupees Only) to the Chhattisgarh High Court Bar Association, Bilaspur, towards Library fund within two weeks from today. Sd/- Sd/- (Rajani Dubey) (Narendra Kumar Vyas) Judge Judge Bhumika