Madhya Pradesh High Court
MCC/2059/2023 of GANESHI BAI Vs M/S KHITAULI ENGINEERING on 13 December 2025
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 15th OF SEPTEMBER, 2023
MISC. CIVIL CASE No. 2059 of 2023
BETWEEN:-
1.
GANESHI BAI W/O LATE SHRI RAKESH KUMAR
SINGH, R/O SHOPPING CENTER MAIN ROAD
MANTHAR POST BIRSINGPUR DISTRICT UMARIA
(MADHYA PRADESH)
2.
GAUTAM SINGH S/O GANESHI BAI OCCUPATION:
MINOR THROUGH THEIR GUARDIAN MOTHER
SMT. GANESHI BAI R/O SHOPPING CENTER MAIN
ROAD MANTHAR POST BIRSHINGPUR DISTRICT
(MADHYA PRADESH)
3.
VIKRAM SINGH S/O GANESHI BAI OCCUPATION:
MINOR THROUGH THEIR GUARDIAN MOTHER
SMT. GANESHI BAI R/O SHOPPING CENTER MAIN
ROAD MANTHAR POST BIRSHINGPUR DISTRICT
(MADHYA PRADESH)
4.
ARATI SINGH D/O GANESHI BAI OCCUPATION:
MINOR THROUGH THEIR GUARDIAN MOTHER
SMT. GANESHI BAI R/O SHOPPING CENTER MAIN
ROAD MANTHAR POST BIRSHINGPUR DISTRICT
(MADHYA PRADESH)
.....APPLICANTS
(BY SHRI SOMESH SHUKLA - ADVOCATE)
AND
1.
M/S
KHITAULI
ENGINEERING
UMARIA
R/O
SANJAY
GANDHI
TAP
CENTRE
BIRSINGHPURHOUSE
NO.
S.P.O. MANTHAR
BIRSINGHPUR
DISTRICT
UMARIA
(MADHYA
PRADESH)
2.
M.P.E.B THROUGH EXECUTIVE ENGINEER (TED)
SANJAYGANDHI
TAP
CENTER
BIRSINGHPUR
DISTRICT (MADHYA PRADESH)
BAGJILEWALE
Page 1 of 2
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
ORDER
Heard on I.A.No.14173/2023, which is an application under Section 5 of the Limitation Act for condonation of delay. Registry has pointed out that this M.C.C is barred by 3241 days. For the reasons mentioned in the application, which is supported by the affidavit of Clerk of the counsel, there is sufficient cause for condoning the delay in filing of the M.C.C. As such, delay in filing the M.C.C. is hereby condoned and I.A.No.14173/2023 is allowed/closed. Heard on the main application. T h e present application has been filed for restoration of M.A.No.2953/2006, which was dismissed due to non compliance of peremptory order dated 06/08/2014, as default has not been removed. Considering the averments made in the application, this Court finds that sufficient cause is shown for restoration of the misc. appeal. Accordingly, MCC is allowed. M.A.No.2953/2006 is restored to its original number. Counsel for the applicants is also directed to remove the default, if any, within a further period of 15 working days, failing which, the order of dismissal of M.A.No.2953/2006 shall remain intact. However, it is made clear that the applicants/appellants shall not be entitled for any interest for the period taken in restoration of the misc. appeal. Interim application(s), if any, shall stand disposed off. A copy of this order be kept in the file of M.A.No.2953/2006.
BAGJILEWALE
(DWARKA DHISH BANSAL) JUDGE pb
BAGJILEWALE
Page 2 of 2
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