^-U'V^Y,~^-^-o-^-^-UVUu-\--U~L--u-V^ IN THE HIGH COURT QF^UDICATURE AT BILASPUR M.C.C.NO. /JJ3 /2005 IN THE MATT^ER OF :- W.P. NO.19'56/2005 BETWEEN PETITIONER: RESPONDENTS: ORS VERSUS MANSUKH DAS AGARWAL PREMCHAND AGARWAL & Y ^BPLICANT: 7~ Xansukhdas Agarwal, son of ^'"^4^ Late Seth Laxminarayan .^ ^^'^J^l^.^ Agarwal, aged about 43 years, ^,.^*'' ll@.*J^a^ ^..^^'e^^i}^^' resident of Near Aama Talab, ^^y;,.^"1' 9<^ Ramkund, Raipur. ^^<-' vs RESPONDENTS ^'.^ > ^' Premchand Agarwal, son of Late Shyamlal Agarwal, resident of Charoda, District Durg (C.G.) Smt. Pramila Agarwal, wife of Shri Kailash Chand Agarwal, resident of Charoda, District Durg. Omprakash Agarwal, son of Late Narsingh Lal Agarwal 4. Smt. Geeta Agarwal, wife of Shri Tekchand Agarwal. No.3 85 4 through Shri Premchand Agarwal, son of Late Shyamlal Agrawal,' resident of Bus Stand, ^- ^ Charoda, District Durg. Mst. Smt. Saraswati Devi, wife Late Mohanlal Agarwal. Smt. Ashalata Agarwal, daughter of Late Mohanlal Agarwal. No.5 85 6 are residents of ~l' v^. €^5r?'3-^ '/ c' ^" '"\ '^ ^. 'fr^^,^ A l w^^^ ^? ^, ^.^ ^/'- / ^^y .7. 8. ^' 1Q. 11, 12. 13, 14. House No.239, Ward No.14, Indira Gandhi Ward, Lodhipara, Station Road, Raipur. Madanlal Agarwal, son of Late Seth Laxminarayan Agarwal, aged about 62 years, Proprietor- Agarwal Medical Stores, Bus Stand, Charoda (B.M.Y.), District Durg. Goverdhandas Agarwal, son of Late Seth Laxminarayan Agarwal, aged about 56 years. Purshottam Agarwal, son of Late Seth Laxminarayan Agarwal, aged about 50 years. Tansukhdas Agarwal, son of Late Seth Laxminarayan Agarwal, aged about 45 years. No.8 to 10 are residents of House No.239 Indira Gandhi Ward No.14, Lodhipara, Station Road, Durg Smt. Munnidevi Agarwal, wife of Shri Sevakram Agarwal, resi3ent of Boring Chowk, Ramnagar, Raipur. Smt. Savitri Devi, wife of Shri Murarilal Agarwal, resident of Kursipaar, Post Atri Via Kherlouji, District Balaghat (M.P.0 Ki^njilal Bajaj, son/ of Late Hariram - Bajaj, Near Jwala Flour Mill, Hanuman Ganj, District Katni (M.P.) Jugalkishore Kedia, son of Late Kanhaiyalal Kedia, Gandhi Chowk, Balodabazar, District Raipur. 1./5. Dr. Mukesh Agarwal @ Shri Santosh Agarwal, son of Shri Madanlal Agarwal, Director- Abha Nursing Home, Bus Stand, Charoda, Durg. ^. State of M.P. (Now State of Chhattisgarh), through the Collector, Raipur. APPLICATOIFLF^R RESTORATION OF THE PETITION *11H<AI ^TT^ \d-&-q T^<i^ic>)<4, ^-^l^<i<o. Rlrtit-iy^ ..n.:c-.:.^..l^^.l 3TT^?Tq^P (^cli^dtE;) ^200^ 3yT^^T^RTR^i<b ^T8TT3TT^^TwHi<P .^0' c^^ ^F?TTftR^rf^rW^^T 7.9.2005 Mr. B.P. Sharma, counsel Mr. Parag Kotecha, Panel Ij Heard both the counsej. The petltloner's petitlon (^ prosecutjon on 13-6-2005 by thi^ the petitioner. Mr. Sharma, tearnod cour| (13-6-2005) was the first day a\ vacation and he was out of statiol matter was dismissed and even appear beforethe Court. in the circumstances. the] not intentiona!, as such, tho absonco ofthe counsel. Havi'ng heard learned facts and circumstances of the M.C.C., this application (M.C.C.) | original number. <pi<iic><Tli +ii^oT^?(^l^l ^Ri^-si^ ^3rf^T3n^^T f|>rthe petitioner. |.awyer for the State of Chhattisgarh. l/.P.No.l 956/2005) was dismlssed for non- t Court, as none was present on behalf of Isel for tho petitioner arguod that, that day fter re-opemng of the Court after summer '(i, by the time he reached to the Court, the his junior couid not reach the Court to labsence of counsel for the petitioner was p^titioner should not be punished for the eou4isei for the petjtioner, having regard to the c|ase and for the reasons mentioned in the |is ailowed. The petition be restored to its Sd/- L.C. Bhadoo Judge ;-;l^:S/2005-29.000 0> <^