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2025 DAILYLAW 50801 (CHH)

HARAK JAIN v. STATE OF CHHATTISGARH

REVP/245/2024 · 2025-01-02

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2025:CGHC:272-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 245 of 2024 Harak Jain S/o Shri B.L. Jain Aged About 68 Years R/o Gandhi Chowk, Raipur, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Government Of Chhattisgarh , Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh. Pin Code 492002, District- Raipur, Chhattisgarh 2 - Principal Secretary Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur , District Raipur Chhattisgarh. Pin Code 492002. 3 - Joint Secretary Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur , District Raipur Chhattisgarh. Pin Code 492002, District- Raipur, Chhattisgarh, District- Raipur, Chhattisgarh 4 - Registrar Firms And Societies, Chhattisgarh, Indravati Bhawan Block 1, Third Floor, Nava Raipur , District Raipur Chhattisgarh. Pin Code 492002, District- Raipur, Chhattisgarh, District- Raipur, Chhattisgarh 5 - Rajendra Agrawal S/o Late Shri Devkaran Das Agrawal Aged About 65 Years R/o Street No. 2, Near Shiv Mandir, Fafadih, Raipur, Chhattisgarh. 6 - President Modern Medical Institute Society, Having Its Registered Office At Lalpur, Raipur , District Raipur Chhattisgarh Pin Code 492001, District Raipur, Chhattisgarh, District Raipur, Chhattisgarh --- Respondent(s) REVP No. 247 of 2024 Harak Jain S/o Shri B.L. Jain Aged About 68 Years R/o Gandhi Chowk, Raipur Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Principal Secretary, Government Of Chhattisgarh, Department Of Commerce, And Industries, Mantralaya, ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.01.06 10:39:21 +0530 2 Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh Pin Code 492002, District Raipur, Chhattisgarh 2 - Principal Secretary Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh Pin Code 492002 3 - Joint Secretary Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chattisgarh Pin Code 492002 District Raipur Chhattisgarh 4 - Registrar Firms And Socities Chhattisgarh, Indravati Bhawan, Block- 1, Third Floor, Nava Raipur, District Raipur Chhattisgarh Pin Code 492002, District Raipur, Chhattisgarh 5 - Nawal Kishore Agrawal S/o Late Shri Bhimsen Agrawal Aged About 66 Years R/o B-2, Samta Colony, Raipur Chhattisgarh 6 - President Modern Medical Institute Society Having Its Registered Office At Lalpur, Raipur, District Raipur Chhattisgarh Pin Code 492001, District Raipur Chhattisgarh --- Respondent(s) REVP No. 252 of 2024 Harak Jain S/o Shri B.L. Jain Aged About 68 Years R/o Gandhi Chowk, Raipur Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Principal Secretary, Government Of Chhattisgarh, Department Of Commerce, And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh Pin Code 492002, District Raipur, Chhattisgarh 2 - Principal Secretary Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh Pin Code 492002 3 - Joint Secretary Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh Pin Code 492002 District Raipur Chhattisgarh, District Raipur Chhattisgarh 4 - Registrar Firms And Socities Chhattisgarh, Indravati Bhawan, Block- 1, Third Floor, Nava Raipur, District Raipur Chhattisgarh Pin Code 492002, District Raipur Chhattisgarh District Raipur Chhattisgarh 5 - Sadaram Agrawal S/o Late Shri Banarasdas Ji Agrawal Aged About 83 Years R/o Mittal Jute Company, Mittal Complex, Raipur Chhattisgarh 6 - President Modern Medical Institute Society Having Its Registered Office At Lalpur, Raipur, District Raipur Chhattisgarh Pin Code 492001, District Raipur Chhattisgarh, District Raipur, Chhattisgarh --- Respondent(s) 3 REVP No. 256 of 2024 Harak Jain S/o B.L Jain Aged About 68 Years R/o Gandhi Chowk, Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Principal Secretary, Government Of Chhattisgarh, Department Of Commerce, And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District - Raipur, Chhattisgarh. Pin Code 492002, District - Raipur, Chhattisgarh. 2 - Joint Secretary Commerce And Industries Department Mahanadi Bhawan, Nava Raipur , Chhattisgarh District Raipur Chhattisgarh. 3 - Registrar Firms And Societies, Chhattisgarh, Indravati Bhawan, Nava Raipur, Chhattisgarh, District - Raipur, Chhattisgarh. 4 - Assistant Registrar Firms And Societies, Chhattisgarh, O-5, Anupam Nagar, Raipur, Chhattisgarh, District - Raipur, Chhattisgarh. 5 - Suresh Goel S/o Late Shri Hariram Goel Aged About 70 Years R/o Shankar Nagar, Raipur Chhattisarh, (Founder Member And Ex- President Of Society), District - Raipur, Chhattisgarh. 6 - President Modern Medical Institue Soceity, Having Its Registered Office At Lalpur, Raipur, District - Raipur, Chhattisgarh, Pin Code 492001, District - Raipur, Chhattisgarh, District - Raipur, Chhattisgarh. --- Respondent(s) REVP No. 219 of 2024 Harak Jain S/o Shri B. L. Jain Aged About 68 Years R/o Gandhi Chowk, District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Principal Secretary, Government Of Chhattisgarh, Department Of Commerce, And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur District- Raipur Chhattisgarh Pin Code 492002, District : Raipur, Chhattisgarh 2 - Principal Secretary Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh Pin Code 492002 3 - Joint Secretary Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh, Pin Code 492002 District Raipur Chhattisgarh 4 - Registrar Firms And Societies Chhattisgarh, Indravati Bhawan, Block- 1 Third Floor, Nava Raipur, District Raipur Chhattisgarh Pin Code 492002, District Raipur Chhattisgarh 5 - Vijay Chand Bothra S/o Late Shri Sampat Lal Bothra Aged About 67 Years R/o Choubey Colony, District : Raipur, Chhattisgarh 4 6 - President Modern Medical Institute Society, Having Its Registered Office At Lalpur, Raipur, District Raipur Chhatisgarh Pin Code 492001, District Raipur Chhattisgarh --- Respondent(s) REVP No. 253 of 2024 Harak Jain S/o Shri B.L. Jain Aged About 68 Years R/o Gandhi Chowk, Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Principal Secretary, Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh. Pin Code 492002, District- Raipur Chhattisgarh 2 - Principal Secretary Government Of Chhattisgarh Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, Chhattisgarh. Pin Code 492002 3 - Joint Secretary Government Of Chhattisgarh Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh. Pin Code 492002 District Raipur Chhattisgarh, District Raipur, Chhattisgarh 4 - Registrar Firms And Societies, Chhattisgarh Indravati Bhawan, Block-1, Third Floor, Nava Raipur, District Raipur Chhattisgarh, Pin Code 492002 District Raipur, Chhattisgarh District Raipur Chhattisgarh 5 - Gopal Krishna Agrawal S/o Shri Sukhdeo Bhimsariya Aged About 64 Years R/o Street No.2, Near Shiv Mandir, Fafadih, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 6 - President Modern Medical Institute Society Having Its Registered Office At Lalpur, Raipur, District Raipur, Chhattisgarh. Pin Code 492001, District Raipur, Chhattisgarh, District Raipur, Chhattisgarh --- Respondent(s) REVP No. 254 of 2024 Harak Jain S/o Shri B.L. Jain Aged About 68 Years R/o Gandhi Chowk, Raipur ( C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Principal Secretary, Government Of Chhattisgarh, Department Of Commerce, And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District- Raipur Chhattisgarh. Pin Code 492002, District- Raipur, Chhattisgarh. 2 - Principal Secretary Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh. Pin Code 492002, 3 - Joint Secretary, Government Of Chhattisgarh, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Nava 5 Raipur, District Raipur Chhattisgarh. Pin Code- 492002, District Raipur, Chhattisgarh District Raipur Chhattisgarh. 4 - Registrar Firms And Societies, Chhattisgarh, Indravati Bhawan, Block-1, Third Floor, Nava Raipur, District Raipur Chhattisgarh. Pin Code- 492002, District Raipur, Chhattisgarh District Raipur Chhattisgarh. 5 - Virendra Goel S/o Late Shri Shyam Lal Goel, Aged About 59 Years R/o Shankar Nagar, Riapur District Raipur Chhattisgarh. 6 - President Modern Medical Institute Society, Having Its Registered Office At- Lalpur, Raipur, District Raipur Chhattisgarh. Pin Code- 492001, District Raipur, Chhattisgarh, District - Raipur, Chhattisgarh --- Respondent(s) For Applicant : Mr. Kishore Bhaduri, Senior Advocate assisted by Mr. Shubham Pandey, Advocate For State : Mr. Sangharsh Pandey, Govt. Advocate For other Respondents : Mr. Manoj Paranjpe, Mr. Amit Soni, Mr.Abhyuday Singh, Mr. Priyanshu Gupta, Mr. Mayank Chandrakar, Mr. K. Rohan and Mr. Sajal Kr. Gupta on behalf of Prasoon Agrawal. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble S hri Naresh Kumar Chandravanshi , Judge Order on Board Per Ramesh Sinha, Chief Justice 03 .0 1 .202 5 1. These review petitions have been filed by the review petitioner seeking restoration of the order dated 28.06.2024 passed by this Court in batch of MCC Nos. 101/2024, 53/2024, 54/2024, 58/2024, 59/2024, 78/2024 and 80/2024, whereby the said MCCs seeking restoration of Writ Appeal Nos. 48/2021, 46/2021, 54/2021, 55/2021, 77/2021, 51/2021 and 52/2021, respectively have been dismissed for want of prosecution. 2. Facts of the case, in nutshell, are that the applicants had 6 preferred aforesaid Writ Appeal Nos. 48/2021, 46/2021, 54/2021, 55/2021, 77/2021, 51/2021 and 52/2021 before this Court challenging the order dated 04.01.2021 passed by learned Single Bench in WPC No. 1721 of 2020 & other connected matters. When these Writ Appeals came up for hearing before this Court on 18.10.2023, none appeared on behalf of the petitioner, therefore, all the writ appeals were dismissed for want of prosecution. Thereafter, seeking restoration of aforesaid Writ Appeals, the applicant has preferred MCC Nos. 101/2024, 53/2024, 54/2024, 58/2024, 59/2024, 78/2024 and 80/2024, but when these MCCs came up for hearing before this Court on 28.06.2024, none appeared on behalf of the applicant, therefore, all the MCCs were dismissed for want of prosecution. 3. Very surprisingly, the applicant has sought review of the order dated 28.06.2024 passed by this Court in batch of MCC Nos. 101/2024, 53/2024, 54/2024, 58/2024, 59/2024, 78/2024 and 80/2024, seeking restoration of said MCCs which were dismissed for want of prosecution. The ground for review is that the counsel for the petitioner could not reach the Court on time as he was suffering from stomach-ache and dehydration and dysentery. It is beyond understanding as to how the same can be a ground for review of the order by which a petition has been dismissed for want of prosecution. The restoration applications were dismissed on the ground of absence of the counsel for the petitioner and not on merits. 7 4. Generally, a review petition is filed seeking clarification / modification of an order passed by a Bench on merits, but the petition filed under the present nomenclature i.e., Review Petition is not at all maintainable, wherein the prayers have been made for restoration of the MCCs petitions. When a pointed query was made from the learned Senior Advocate, appearing for the review petitioner regarding the maintainability of the same, he could not give any plausible explanation. 5. Accordingly, all these review petitions being not maintainable, are hereby dismissed. This Court intended to impose a total cost of Rs. 50,000/- (fifty thousand) for filing such review petitions, which are not maintainable and for wasting the precious time of this Court, upon the review petitioner but on a request being made by learned Senior Advocate for the review petitioner for not imposing such a huge amount as cost as it would cause undue financial hardship on the review petitioner and he prays for apology for the same, we refrain from doing so. However, this Court is of the opinion to impose a total cost of Rs.10,000/- (ten thousand) for filing such review petitions and accordingly, wasting the precious time of this Court upon the review petitioner and warned him to remain careful in future not misuse the process of law and waste the precious time of the Court. The aforesaid cost imposed upon the review petitioner shall be deposited by him before the Registry of this Court within a period of one month from today and the same shall be transmitted to the Children Observation 8 Home, Bilaspur, failing which, the same shall be recovered from the review petitioner by the Registrar General of this Court in accordance with law. Sd/- Sd/- (Naresh Kumar Chandravanshi) (Ramesh Sinha) Judge Chief Justice Chandra