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High Court Of ChhattisgarhMCC/399/2019allowed

Rajwaram Yadav v. Jagdish Prasad @ Madan Dindore

2019-08-01Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 399 of 2019 • Rajwaram Yadav S/o Faliram Yadav, aged about 47 Years R/o Gadamod, P.O. Gadamod, Tah. And Police Station Nawagarh, District Bemetara Chhattisgarh.

---Applicant

Versus

1. Jagdish Prasad @ Madan Dindore S/o Shri Shobharm Dindore Aged About 50 Years R/o Village Somaikala, Police Station and Tahsil Saja, District Bemetara Chhattisgarh.

2. Smt. Uttara Kumari W/o Shri Jagdish @ Modan Dindore. Aged About 45 Years R/o Village Somaikala, P.O. And Tahsil And P.S. Saja, District Bemetara Chhattisgarh.

3. Gopal Das S/o Shri Vishnu Das Manikpuri Aged About 32 Years R/o Village Khapri Durga Post Gadamod, Tahsil And Police Station Nawagarh District Bemetara Chhattisgarh.

4. HDFC E R G O General Insurance Company Limited, Through its Branch Manager, Devendra Nagar, Near Sales Tax Office, Raipur Chhattisgarh.

---- Respondents For Applicant Shri Amiyakant Tiwari, Advocate on behalf of Shri Ashutosh Shukla, Advocate.

For Respondent Nos. 1 & 2 Shri Samir Singh, Advocate.

For Respondent No.4 Shri Anand Kesharwani, Advocate on behalf of Shri Rohitashva Singh, Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 01/08/2019

1. Heard on I.A. No.1

2. This is an application for condonation of delay of 128 days in filing the MCC.

3. For the reasons mentioned in the application which is duly

supported by affidavit, the same is allowed and delay in filing the MCC is condoned.

4. Also, heard on admission.

5. The MCC being arguable is admitted for hearing.

6. Since all the parties are duly represented, with their consent the application is heard finally.

7. This is an application for restoration of MAC No.1553 of 2015 which was dismissed for want of prosecution vide order dated 03.10.2018.

8. On due consideration and for the reasons mentioned in the restoration application, it is allowed and MAC No.1553 of 2015 is directed to be restored to its original number.

9. List MAC No.1553 of 2015 after eight weeks. Sd/- Gautam Chourdiya Judge Akhilesh