High Court Of ChhattisgarhMCC/141/2020allowed

H.D.F.C. Ergo General Insurance Company Limited v. Smt. Kalyani Bhoi

2020-02-19Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 141 of 2020 • H.D.F.C. Ergo General Insurance Company Limited Through Manager, Near Vanijjya Bhawan, Devendra Nagar Road, Police Station Devendra Nagar, Civil And Revenue District Raipur Chhattisgarh..(Insurer Of Vehicle No. Mh-40-N-4005).

--- Petitioner

Versus

1. Smt. Kalyani Bhoi Wd/o Late Trilochan Bhoi Aged About 30 Years Resident Of Behind Gujrati Dharmshala, Lodhipara, Station Road, Police Station Ganj, Civil And Revenue District Raipur Chhattisgarh.

2. Siddhesh Bhoi S/o Late Trilochan Bhoi Aged About 9 Years (Minor) Through Legal Representing Mother Smt. Kalyani Bhoi, Resident Of Behind Gujrati Dharmshala, Lodhipara , Station Road, Police Station Ganj, Civil And Revenue District Raipur Chhattisgarh.

3. Arvind Chokhandare S/o Bhoj Raj Chokhandare R/o House No. 222, Sonba Nagar, Lawa, Khadgaon Road, Wadi Nagpur Police Station Nagpur , Civil And Revenue District Nagpur , Maharashtra, Pin 440023 (Driver Of Vehicle No. Mh-40-N-4005).

4. Kulvir Singh S/o Mohinder Singh R/o 96, Surabardi , Nagpur , Police Station Nagpur , Civil And Revenue District Nagpur Maharashtra. (Owner Of Vehicle No. Mh-40-N-4005).

---- Respondents _____________________________________________________________________ For Petitioner:

Shri Rohitashva Singh, Advocate Single Bench:Hon'ble Shri Sanjay S. Agrawal, J Order On Board 19.02.2020

1. Heard on I.A. No. 1/2020, an application for condonation of delay of 18 days in filing this petition.

2. On due consideration and for the reasons assigned therein, which is duly supported by an affidavit, I am inclined to allow the same.

3. The application is allowed and delay in filing this petition is accordingly condoned.

4. I.A. No. 1/2020 stands disposed of.

5. Heard on admission.

6. This M.C.C. has been filed for restoration of MAC No.246/2016, which was dismissed in default by this Court vide order dated 06.12.2019.

7. For the reasons assigned in the application for restoration of the said appeal, I am inclined to allow the same.

8. Accordingly, the instant M.C.C is allowed and MAC No.246/2016 is restored to its original number.

Sd/- (Sanjay S. Agrawal) JUDGE Vivek