IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 14 th OF JULY, 2023 MISC. CIVIL CASE No. 674 of 2023 BETWEEN:-

GANGA PRASAD (DIED) THR. LRS:

1. SMT. TRIVENI BAI GUPTA W/O LATE GANGA PRASAD, AGED ABOUT 70 YEARS, R/O 295, MAIN ROAD GORAKHPUR JABALPUR (MADHYA PRADESH)

2. VINOD GUPTA S/O LATE GANGA PRASAD, AGED ABOUT 50 YEARS, R/O 295 MAIN ROAD, GORAKHPUR, JABALPUR (MADHYA PRADESH)

3. OMPRAKASH GUPTA S/O LATE GANGA PRASAD, AGED ABOUT 48 YEARS, R/O 295 MAIN ROAD, GORAKHPUR, JABALPUR (MADHYA PRADESH)

4. VIMAL GUPTA S/O LATE GANGA PRASAD, AGED ABOUT 45 YEARS, R/O 295 MAIN ROAD, GORAKHPUR, JABALPUR (MADHYA PRADESH)

5. SMT. SHANTI BAI W/O RAMADHAR R/O LINE PAR, JATHARI, DISTRICT ANUPPUR (MADHYA PRADESH)

6. SMT. KANTA GUPTA W/O BHEEMSEN GUPTA R/O BEHIND BASIC SCHOOL, SHAHPURA, DISTRICT DINDORI (MADHYA PRADESH)

7. SMT. MAMTA GUPTA W/O PARASRAM GUPTA R/O MUSRA, DISTRICT RAJNANDGAON (CHHATTISGARH)

8. SMT. SANGEETA GUPTA W/O RAMBABU GUPTA R/O BEHIND SAXENA HOUSE, NEW RAM NAGAR, ADHARTAL, DISTRICT JABALPUR (MADHYA PRADESH)

.....APPLICANTS (BY SHRI ASHOK KUMAR JAIN - ADVOCATE )

AND BABULAL RAI (DIED) THR. LRS:

1. NARAYAN PRASAD RAI S/O LATE BABULAL RAI, AGED ABOUT 60 YEARS, R/O 295, RAI KIRANA STORES MAIN ROAD GORAKHPUR JABALPUR (MADHYA PRADESH)

2. PHADALIRAM RAI S/O BABULAL RAI, AGED ABOUT 62 YEARS, R/O 295 RAJ KIRANA STORES, MAIN ROAD, GORAKHPUR (MADHYA PRADESH)

.....RESPONDENTS ……………………………………………………………………………………………

This application coming on for admission this day, the court passed the following:

ORDER

This Application has been filed seeking restoration of S.A.

No.3399/2019 to its original number which was dismissed by order dated 27.03.2023.

2. This Court by order dated 05.07.2023 has already come to a conclusion that the absence of the counsel for the appellants was on account of strike called by State Bar Council of M.P. and not on account of any other reason. Since a stand was taken that the call was given by Bar Council, therefore, if the Court is inclined to impose any cost, then the same be recovered from the Bar Council or from the Chairman, State Bar Council of M.P. on account of certain assurances given by the State Bar Council of M.P. Therefore, this Court thought it proper to issue notice to the Chairman, State Bar Council of M.P., President and Secretary of M.P. High Court Bar Association, Jabalpur, President and Secretary of High Court Advocates’ Bar Association, Jabalpur, President and Secretary of Senior Advocates’ Council, Jabalpur.

3. Shri Prem Singh Bhadouria, Chairman, State Bar Council of M.P. appeared and submitted that the case may be taken up in the afternoon so that the Court may function in a cordial atmosphere in the first session and an emergent general body meeting of Bar Council has been called to discuss the issue.

4. It is submitted by Shri Paritosh Trivedi, Secretary, M.P. High Court Bar Association, Jabalpur, that the lawyers are not against the imposition of cost but since the call of strike was given by the State Bar Council of M.P., therefore, it should be recovered either from State Bar Council of M.P. or from the Chairman of State Bar Council of M.P.

5. During the course of arguments, it was submitted by Shri Prem Singh Bhadouria that the Bar Council had given an assurance to take care of the lawyers in contempt matters, whereas it was the statement of Shri Paritosh Trivedi that Shri Prem Singh Bhadouria had given personal assurances against any action, which may be taken by the Court on account of strike.

6. In view of the above, this Court is of the considered opinion that the dispute really lies between the Bar Association and the Bar Council for which the Court has nothing to do.

7. Be that whatever it may be.

8. In view of the statement made by Shri Prem Singh Bhadouria, it is submitted by Shri Ashok Jain, counsel for the applicants that he is ready to deposit the cost for restoration of Second Appeal, but it is submitted that on previous occasions some applicatio