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2025 DAILYLAW 44430 (CHH)

PROP. GOURI SHANKAR RICE MILL v. SHIV KUMAR AGRAWAL

MCC/1172/2024 · 2025-01-08

Shri Rakesh Mohan Pandey

body2025

Judgment text

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-1- 2025:CGHC:1166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1172 of 2024 Prop. Gouri Shankar Rice Mill Anjoripali, Kharsia, Tahsil-Kharsia, District - Raigarh (C.G.), Through Proprietor Manoj Kumar Agarwal, R/o Gurudwara Road, Kharsia, District Raigarh, Chhattisgarh. ... Applicant versus Shiv Kumar Agrawal S/o Late Shri Satyanarayan Agrawal, Pro. Jai Shri Ram Rice Mill, Faguram Tahsil - Malkharoda, District - Janjgir-Champa, Chhattisgarh. ... Non-applicant For Applicant : Ms. Sakshi Chhabra, Advocate For Non-applicant : Ms. Divya Singh, Advocate, holding the brief of Mr. Manoj Paranjpe, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 08.01.2025 1) Ms. Sakshi Chhabra, learned counsel appearing for the applicant would submit that the instant MCC has been filed for the restoration of First Appeal No. 362/2018, which was dismissed on account of non-compliance with the peremptory order dated 01.10.2024. She would contend that vide order dated 01.10.2024, the petitioner was granted 10 days to file an appropriate application Digitally signed by NADIM MOHLE -2- for substitution of legal representative. She would further submit that due to inadvertence, the order dated 01.10.2024 could not be complied with; she prays that this application may be allowed and First Appeal No. 362/2018 be restored to its original number. 2) On the other hand, Ms. Divya Singh, learned counsel appearing for the non- applicant would oppose the submission made by learned counsel for the applicant. 3) Taking into consideration the submission made by Ms. Chhabra, the instant MCC is hereby allowed and FA No.362 of 2018 is restored to its original number subject to payment of cost of Rs. 1,000/- payable to Chhattisgarh High Court Bar Association Library Fund. Sd/- (Rakesh Mohan Pandey) Judge Nadim