Madhya Pradesh High Court
Primus Chemicals Ltd. Thru.Sanjeev ... vs Process Units Through Pradeep Hundle on 12 September, 2017
MCC-202-2017
(PRIMUS CHEMICALS LTD. THRU.SANJEEV K.RAWAT Vs PROCESS UNITS THROUGH PRADEEP
HUNDLE)
12-09-2017
Shri S.K. Rawat, the applicant present in person.
Shri B.S. Gandhi, learned counsel for the respondent.
Heard.
This MCC has been filed for restoration of A.C. No.13/2007 which has been dismissed for want of prosecution on account of non appearance of the applicant or his counsel. The applicant present in person submits that he was personally prosecuting the matter and could not appear on 6.4.2017 since he had met with an accident and was confined to bed. He submits that the non appearance was unintentional and for the bona fide reason and prior to that he was regularly appearing. Learned counsel for the respondent has not disputed the aforesaid aspect of the matter.
The explanation which has been furnished by the applicant and reason which has been disclosed in the MCC reveals that non appearance of the applicant was unintentional and for the bona- fide reason. Accordingly, MCC is allowed and A.C. No.13/2007 is restored to its original position subject to deposit of cost of Rs.250/- in the bar library of the High Court within two weeks and submission of the acknowledgment of payment before the registry of this Court.
C.C. as per rules.
(PRAKASH SHRIVASTAVA) JUDGE