Chhattisgarh High Court

MCC/727/2026 of M/S AMARNATH ISPAT PVT. LTD Vs CHHATTISGARH STATE POWER HOLDING COMPANY LIMITED on 6 August 2026

2026:CGHC:34816

2026:CGHC:34816 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 727 of 2026 M/s Amarnath Ispat Pvt. Ltd Village Tendua, Ring Road No. 2, Heerapur, Raipur (C.G.) Through Its Director Amit Kumar Agrawal S/o Shri Nawal Kishore Agrawal, Aged About Now 45, R/o B-2, Samta Colony, Raipur

CGHC010284142026

2026:CGHC:34816

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCC No. 727 of 2026

M/s Amarnath Ispat Pvt. Ltd Village Tendua, Ring Road No. 2, Heerapur, Raipur

(C.G.) Through Its Director Amit Kumar Agrawal S/o Shri Nawal Kishore Agrawal, Aged About Now 45, R/o B-2, Samta Colony, Raipur (C.G.)

... Applicant

versus

1 - Chhattisgarh State Power Holding Company Limited Through Its Managing Director, Danganiya, Raipur, (C.G.)

2 - Chhattisgarh State Power Distribution Company Ltd. Through Its Chief Engineer Commercial, Vidhyut Sewa Bhavan, Danganiya, Raipur, (C.G.)

3 – Superintending Engineer (City Circle II) C S P D C L Gudhiyari, Raipur, (C.G.)

... Non-applicants

For Applicant

:

Shri Khulesh Sahu, Advocate.

SB: Hon'ble Shri Justic

e Sanjay S. Agrawal

Order on Board

07/08/2026

1. Heard.

2. On due consideration, the default as pointed out by the Registry is hereby dropped.

3. Also heard on admission.

4. This petition has been filed on 20/07/2026 for restoration of the petition, being WPC No.1472/2012, which was dismissed for non-prosecution vide order dated 05/03/2024.

5. Learned counsel appearing for the applicant submits that when the matter was listed on 05/03/2024 before this Court, neither the petitioner, nor his

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counsel could appear due to bonafide and unavoidable circumstances, owing to which, the said petition was dismissed in default. It is contended further that non-appearance of the petitioner was neither intentional nor deliberate and in fact the same was occurred due to inadvertent and unavoidable circumstances beyond the control of the petitioner and his counsel. In support of the said contention, an affidavit has been filed. It is, therefore, submitted that while adopting the legal approach, the said petition may kindly be directed to be restored to its original number.

6. On due consideration and for the reasons assigned therein, which is duly supported by an affidavit, I am inclined to allow the same. The petition is, accordingly, allowed and WPC No.1472/2012 is directed to be restored to its original number, subject to cost of Rs.2,000/- payable to the High Court Legal Services Committee, through its Secretary Member, within a period of ten working days from today.

7. With the aforesaid direction, the petition stands disposed of.

Sd/- (Sanjay S. Agrawal)

JUDGE Kamde

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