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2026 DAILYLAW 26161 (CHH)

AALOK GHOSH v. NIHARIKA BARIK

MCC/638/2026 · 2026-07-13

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010255772026 2026:CGHC:29561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 638 of 2026 Aalok Ghosh S/o Late Shri Kamal Krishna Ghosh Aged About 47 Years Currently Working As Assistant Grade Iii, Office Of Deputy Director, Public Prosecution, Surajpur, Distt. Surajpur, Chhattisgarh. ... Applicant versus 1 - Niharika Barik The Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 2 - Avinash Champawat Currently Working As The Secretary, General Administration Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh. 3 - D. Rahul Venkat Currently Working As The Secretary, Chhattisgarh Public Service Commission, North Block, Sector 19, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh. 4 - Arun Dev Gautam Currently Working As Director Directorate Of SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.07.14 17:24:24 +0530 2 Public Prosecution, Indrawati Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Applicant Shri Ashish Pandey, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 14.07.2026 1. The present MCC has been filed for restoration of Contempt Case No. 800/2026, which was dismissed for want of prosecution by this Court vide order dated 25.06.2026. 2. Learned counsel for the petitioner submits that on the date when the matter was called out, he was engaged in proceedings before another Bench of this Court and, therefore, could not remain present to prosecute the case, resulting in its dismissal for want of prosecution. It is further submitted that the absence of the learned counsel was bona fide and neither deliberate nor intentional. The default occurred due to the aforesaid circumstances and not on account of any negligence. Hence, restoration of Contempt Case No. 800/2026 is prayed for in the interest of justice. 3 3. On due consideration and for the reasons assigned in the application, duly supported by an affidavit, this Court is satisfied that sufficient cause has been shown for restoration of Contempt Case No. 800/2026. 4. Accordingly, this MCC is allowed. The Registry is directed to restore Contempt Case No. 800/2026 to its original number, subject to payment of costs of Rs. 2,000/- payable to the Chhattisgarh High Court Bar Association Library Fund. Sd/- (Bibhu Datta Guru) Judge Shoaib