Madhya Pradesh High Court

MCC/1357/2020 of SITARAM ACHALE Vs STATE OF M.P. on 31 December 2020

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MADHYA PRADESH 1 MCC No.1357/20

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HIGH COURT OF MADHYA PRADESH

1

MCC No.1357/20

MCC No.1357/2020

(Sitaram Vs. State of M.P. and others)

Indore, Dated : 31.12.2020

Shri Atul Kumar Gupta, learned counsel for theapplicant.

Shri V.K. Nagpal, learned counsel for the State.

Heard through video conferencing.

This MCC has been filed for restoration of WPNo.28372/2019 which has been dismissed in default for noncompliance of the common conditional peremptory orderdated 6.3.2020.

Learned counsel appearing for the applicant submitsthat the defect was in respect of not filing the notarized copyof the petition and the applicant could not cure the same onaccount of Covid-19 pandemic. He further submits that nowthe applicant will duly cure the defect within a period of oneweek from today.

Learned counsel for the State has opposed the MCC.

The explanation which has been furnished by learnedcounsel for the applicant and the reason which has beendisclosed in the MCC reveals that the non compliance of thecommon conditional peremptory order was unintentional andfor the bona-fide reason.

Accordingly, MCC is allowed and WP No.28372/2019is restored to its original position.

C.C. as per rules.

trilok/-

(Prakash Shrivastava) Judge

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