Shriram General Insurance Co. Limited v. Jamsida Biwi

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet M. C. C. No. 306 of 2018 Shriram General Insurance Co. Ltd. Versus Jamsida Biwi and others 11.05.2018 Shri Amrito Das, counsel for the applicant.

Heard on I.A. No.01 for condonation of delay in filing the MCC. For the reasons assigned in the said application and finding them to be satisfactory, I.A. No.01 is allowed and the delay in filing the MCC stands condoned.

Also heard the MCC on merit.

It has been preferred seeking for restoration of MAC No.1532/2017 which got dismissed on account of peremptory order passed by this Court on 14.11.2017.

Counsel for the applicant submits that the default in MAC was that of not furnishing the receipt of mandatory deposit which was required at the time of filing of the appeal. He submits that the amount had already been deposited but the receipt of which could not be filed during the period granted by this Court which led to dismissal of the appeal by virtue of peremptory order. Thus, prayed for restoration of the appeal.

Given the facts and circumstances of the case, the present MCC deserves to be and is accordingly allowed and M. A. (C) No. 1532/2017 is restored to its original number subject to the appellant's brining the receipt of mandatory deposit on record.

No order as to costs.

Sd/- (P. Sam Koshy) JUDGE Bhola