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2026 DAILYLAW 7334 (CHH)

VIVEK DAKALIYA v. SMT. JYOTI JAIN

MCC/363/2026 · 2026-04-23

Shri Amitendra Kishore Prasad, Smt Rajani Dubey

body2026

Judgment text

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1 2026:CGHC:18813-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 363 of 2026 Vivek Dakaliya S/o Late Shri Karamchand Dakaliya Aged About 34 Years Profession- Businessmen Dealing In Gold And Silver, R/o Sadar Bazar, Rajnandgaon (Chhattisgarh) ... Applicant versus Smt. Jyoti Jain W/o Vivek Dakaliya Aged About 33 Years Profession- Ca, R/o Kanhaiya Lal Chaudiya, Heeramoti Line, Rajnandgaon (Chhattisgarh) ... Respondent (Cause title taken from CIS System) For Applicant : Mr. Ashish Pandey, Advocate For Respondent : Mr. Sabyasachi Bhaduri, Advocate. Hon'ble Smt Justice Rajani Dubey J. & Hon’ble Shri Justice Amitendra Kishore Prasad, J. Order on Board Per, Rajani Dubey , Judge 24.04.2026 1. Heard on I.A. No. 01/2026, which is an application for condonation of delay in filing the restoration application. 2. Upon due consideration and for the reasons assigned in I.A. No. 01/2026, the same is allowed. Delay of 58 days is hereby condoned. 3. Present MCC has been filed seeking restoration of FA (MAT) No. 373 of 2024 and FA (MAT) No. 383 of 2024 which were dismissed on 17.10.2025 on account of order being peremptory. 4. Considering the reasons assigned therein and submissions made by Digitally signed by AMIT PATEL 2 counsel for the appellant, present MCC which is duly supported by an affidavit of the applicant, deserves to be and is accordingly allowed and FA (MAT) No. 373 of 2024 and FA (MAT) No. 383 of 2024 stand restored to their original numbers subject to payment of cost of Rs. 3,000/- before the Chhattisgarh High Court Bar Association Library Fund. 5. Accordingly, the instant MCC is disposed of. Sd/- Sd/- (Rajani Dubey) (Amitendra Kishore Prasad) JUDGE JUDGE AMIT PATEL