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High Court Of ChhattisgarhMCC/688/2017allowed

Smt. Vimla Pal v. Ajay Rajput

2018-07-10Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C No. 688 of 2017

1. Smt. Vimla Pal, W/o Late Amit Pal, Aged About 25 Years, R/o Pragati Colony, Bhatgaon, Quarter No. 900, Police Station Bhatgaon, District Surajpur Chhattisgarh.

2. Avinash Pal, S/o Late Amit Pal, Aged About 6 Years (Minor) Through Mother Appellant No. 1, R/o Pragati Colony, Bhatgaon, Quarter No. 900, Police Station Bhatgaon, District Surajpur Chhattisgarh.

---- Petitioners

Versus

1. Ajay Rajput, S/o Shivkumar Rajput, R/o Ashok Nagar, Near Shiv Mandir, Aashaban Road, Sarkanda, Tahsil & District Bilaspur Chhattisgarh. (The then driver Of Vehicle Scorpio No. C.G. - F/7077 Wrongly Mentioned As 7070).

2. Anurita Guha, W/o Ajeet Guha, R/o Jarhabhatha, Police Station Civil Line, Tahsil & District Bilaspur, Chhattisgarh. (Registered owner of Vehicle Scorpio No. C.G. - F/7077 Wrongly Mentioned As 7070).

3. National Insurance Company Limited, Through Divisional Manager, Divisional Office - Taha Complex, Vyapar Vihar Road, Tahsil & District Bilaspur Chhattisgarh. (Insurer of Vehicle Scorpio No. C.G. - F/7077 Wrongly Mentioned As 7070). ---- Respondents For Petitioners : Shri Pramod Shrivastava appears on behalf of Shri A. L. Singroul, Advocate.

For Respondent : None.

Hon'ble Shri Justice Sanjay Agrawal Order On Board 10.07.2018 1.

Heard on I.A. No.01, an application for condonation of delay of 287 days in filing this MCC.

2.

On due consideration, the application is allowed and the delay of 287 days in filing the MCC is accordingly condoned.

3.

Also heard on admission.

4.

This M.C.C. has been filed for restoration of MAC No.969/2016, which was dismissed in default by this Court vide order dated 27.10.2016. Shri Shrivastava undertakes to remove the default(s) in original appeal within a period of two weeks from today. 5.

For the reasons assigned in the application for restoration and in view of the undertaking made by Shri Shrivastava, I am inclined to allow the same. Accordingly, the instant M.C.C. is allowed and MAC No. 969/2016 dismissed vide order dated 27.10.2016 is restored to its original number.

Sd/- (Sanjay Agrawal) Judge Deepti Jha