1 2025:CGHC:11441-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 89 of 2025 1 - Smt. Manju Devi, W/o Late Shri Kauleshwar Prasad Gupta, Aged About 42 Years, (plaintiffs) 2 - Anurag Kumar, S/o Late Shri Kauleshwar Prasad Gupta, Aged About 22 Years, 3 - Jyoti Gupta, D/o Late Shri Kauleshwat Prasad Gupta, Aged About 21 Years, All are R/o Mayapur, Nagar Ambikapur, District- Surguja, (C.G.). ... Applicant(s) versus 1 - Chhattisgarh State of Electricity Distribution Company Limited, Through Chief Engineer, Chhattisgarh State Electricity Distribution Company Limited, Namnakala, District Surguja, (C.G.). (Defendants) 2 - The Assistant Engineer (Town), Chhattisgarh State Electricity Distribution Company Limited, Behind Sadar Bazar, Ambikapur, District- Surguja, (C.G.). ... Respondent(s) For Applicants : Shri Rahul Mishra, Advocate. For Respondent(s) : Shri Krishna Tandon, Advocate appears on behalf of Shri Varun Sharma, Advocate. Division Bench : Hon’ble Shri Justice Sanjay S. Agrawal & Hon’ble Shri Justice Sanjay Kumar Jaiswal Order on Board 07/03/2025 1. Heard on admission. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.03.07 18:12:16 +0530 2 2. This MCC has been filed for restoration of appeal, being, First Appeal No.145 of 2022, which has been dismissed by virtue of peremptory order dated 16/12/2024. 3. Learned counsel appearing for the applicants submits that the said appeal, being First Appeal No.145 of 2022, was listed on 16/12/2024 and the applicants were granted two weeks’ time to file paper-book, subject to cost of Rs.1500/- payable to the High Court Legal Services Committee through Secretary Member, within a period of 10 days from passing of the said order, failing which, the said appeal shall stand dismissed without further reference to the Bench. It is contended further that in compliance of the aforesaid order, the applicants have deposited the said amount as was required to be paid, immediately on the next day, i.e. 17/12/2024. 4. It is contended further that three days thereafter, i.e. on 20/12/2024, the applicants applied for obtaining the certified copies of the documents in the said appeal, so as to prepare the paper-book, but due to winter vacation, which was scheduled from 23/12/2024 to 01/01/2025, the certified copies of the relevant documents could not be received in time and the same has, however, been received on 07/01/2025 and the paper-book has been prepared and submitted on 14/01/2025 before the Registry of this Court, but, it was refused to receive as the requisite period provided vide order dated 16/12/2024 was over. 5. Learned counsel appearing for the applicants submits that the aforesaid default has been committed bonafidely owing to winter vacation, which was scheduled from 23/12/2024 upto 01/01/2025 and there was no malafide intention behind it, therefore, in the interest of 3 justice, the said appeal may kindly be restored while providing at least 10 days’ time to submit the paper-book in the said appeal. 6. Counsel for the respondents has raised no objection with regard to the aforesaid contention of the applicants. 7. On due consideration, for the reasons assigned in the application for restoration of the said appeal, which is duly supported by an affidavit, we are inclined to allow the same. 8. Accordingly, the instant M.C.C. is allowed and the appeal being, First Appeal No.145 of 2022, is directed to be restored to its original number, subject to furnishing the paper-book in the said appeal, within a period of 10 days’ from today. 9. With the aforesaid observation, this MCC stands disposed of. No order as to costs. Sd/- Sd/- (Sanjay S. Agrawal) (Sanjay Kumar Jaiswal) JUDGE JUDGE Kamde