Iffco Tokyo Genera Insurance Co. v. Viresh Kumar And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Review Petition No. 92 of 2011 IFFCO Tokyo General Insurance Company, Raipur, through Manager, address - 3rd Floor, Shop No. 345-347, Lal Ganga Shopping Mall, G.E. Road, Raipur, District Raipur, Chhattisgarh.

---- Petitioner

Versus

1. Viresh Kumar, son of Shri Khemraj Singh, aged about 31 years.

2. Yogesh Kumar son of Shri Khemraj Singh, aged about 28 years. Both resident of village Dhandhani, Police Station & Tahsil Navagarh, District Durg, Chhattisgarh.

3. Aasha Chouhan wife of Shri Kuber Singh Chouhan, aged about 30 years.

4. Mordhwaj son of Shri Kuber Singh Chouhan, aged about 11 years.

5. Gopi Kishan son of Shri Kuber Singh Chouhan, aged about 4years.

6. Padmini, daughter of Shri Kuber Singh Chouhan, aged about 6 years. Respondent No. 4, 5 and 6 Minor, through their natural guardian i.e. mother namely Aasha Chouhan, wife of Shri Kuber Singh Chouhan. All above resident of village Navagaon (Ganesh), Police Station & Tahsil Navagarh, District Durg, Chhattisgarh.

---- Respondents For Petitioner : Shri Amrito Das, Advocate.

For Respondents 1 & 2 : Shri Vaibhav Goverdhan, Advocate.

For Respondent 3 : Shri Vipin Singh, Advocate.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Prashant Kumar Mishra, J Order on Board Per Navin Sinha, Chief Justice 24/04/2015 1.

The present review application arises from order dated 5.4.2011 in M.A. (C) No. 998 of 2010.

2.

Learned Counsel for the Petitioner submits that the order, review of which is sought suffers from error of record which could not be pointed out as

the Petitioner did not participate in the proceedings before the Division Bench. 3.

Learned Counsel for the Respondents has pointed out that notice was duly served but the Petitioner deliberately chose not to enter appearance. 4.

If the Petitioner was not vigilant in the protection of his own rights and interest, chose not to enter appearance despite valid service of notice, we do not consider it proper to invoke our jurisdiction to prolong the proceedings at the behest of a litigant who deliberately seeks avenues to prolong the proceedings on one ground or another.

5.

The review application is dismissed.

Sd/- Sd/- (Navin Sinha) (Prashant Kumar Mishra) CHIEF JUSTICE JUDGE Amit