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2025 DAILYLAW 34074 (CHH)

MOHD. YUSUF CHAUHAN v. SHRI LOKESHWAR SAHU

MCC/517/2022 · 2025-01-16

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:2750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 517 of 2022 1 - Mohd. Yusuf Chauhan S/o Mohd. Ibrahim Aged About 65 Years R/o Shanichari Bazar, Durg - 491001, Tehsil And District Durg Chhattisgarh. --- Petitioner versus 1 - Sri Lokeshwar Sahu The Commissioner Municipal Corporation Durg - 491001, Tehsil And District Durg Chhattisgarh. …...Respondents _____________________________________________________________ For Petitioner : Mr. Pranjal Shukla, Advocate For Respondent : Mr. Shikhar Shukla, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 16/01/2025 1. Heard on I.A. No.1, which is an application for condonation of delay in filing MCC for restoration of Contempt Case No.1086 of 2018. 2. Learned counsel for applicant submits that contempt petition was disposed of in absence of petitioner on 30.01.2020. Petitioner and his counsel was not aware of passing of order, however, it only came to knowledge to the applicant on 30.05.2022 when memo of notice has been sent to him vide memo dated 18.05.2022. Applicant thereafter approached his counsel and within short period, this MCC is filed, hence, the delay be condoned. Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.01.22 15:56:21 +0530 2 3. Learned counsel for respondent opposes the submission of learned counsel for applicant and would submit that there is inordinate delay of 234 days. 4. Considering the grounds taken in the application and further considering the pandemic period at the relevant period of time, I.A. No.1 is allowed and the delay in filing the MCC is condoned. 5. Also heard on application for restoration of Contempt No.1086 of 2018. 6. Perusal of the order dated 30.01.2020 in Contempt No. 1086/2018 would show that it was not dismissed but it was disposed off in absence of learned counsel for petitioner reserving liberty to revive, in case, the order of the Court has not been complied with. 7. In the aforementioned facts of the case, I do not find any good ground to allow this application for restoration of contempt case as petitioner was granted liberty to revive the contempt case. 8. For the forgoing discussions, application for restoration of contempt petition is dismissed. Sd/- (Parth Prateem Sahu) Judge Balram