Madhya Pradesh High Court
MCC/147/2024 of MANAGER Vs SECRETARY on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 147 of 2024
BETWEEN:-
MANAGER COOPERATIVE MARKETING SOCIETYLIMITED LAKHANADON, TEHSIL LAKHNADON,DISTRICT SEONI (MADHYA PRADESH)
(BY MS. AKANKSHA PANDEY - ADVOCATE)
.....APPLICANT
AND
1.SECRETARY KRISHI UPAJ MANDI LAKHNADONDISTRICT SEONI (MADHYA PRADESH)2.ASSISTANT SUPERINTENDENT BHUABHILEKHOFFICE OF COLLECTOR BRANCH SEONI(MADHYA PRADESH)3.TEHSILDAR LAKHNANDAUN TEHSILLAKHNADAUN DISTRICT SEONI (MADHYAPRADESH)4.STATE OF MADHYA PRADESH THROUGHDISTRICT MAGISTRATE SEONI (MADHYAPRADESH)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard on I.A. No.1640/2024, which is an application under Section 5 of the Limitation Act for condonation of delay.
2. Registry has reported this MCC to be barred by 79 days.
3. For the reasons mentioned in the application, there is sufficient cause forcondoning 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.1640/2024 is allowed/closed.
4. Heard on the question of admission.
5. The present application has been filed for restoration of S.A.No.1088/2009,which was dismissed for want of prosecution vide order dated 25.09.2023.
6. Considering the averments made in the application, this Court finds thatsufficient cause is shown for restoration of the second appeal. Accordingly,MCC is allowed.
7. S.A.No.1088/2009 is restored to its original number subject to payment ofcost of Rs.2,000/- (Rupees Two thousand) within a period of 7 working dayspayable to the State Legal Services Authority, Jabalpur.
8 . The payment of cost of Rs.2,000/- shall be a condition precedent forrestoration of S.A.No.1088/2009.
9. Pending application(s), if any, shall stand disposed off
10. A copy of this order be kept in the file of S.A.No.1088/2009.
ss
(DWARKA DHISH BANSAL)JUDGE