Jai Singh Ekam v. Hemant Kumar Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 311 of 2017

1. Jai Singh Ekam S/o Akbar Singh Ekam, Aged About 45 Years R/o Village Aabejhar, Mahamai Road, Post Office Nagar Tola, Police Station Mahamaya Dalli Rajhara, Tahsil Balod, District Durg, Chhattisgarh (Now District Balod)

2. Smt. Keshar Bai Ekam W/o Jai Singh Ekam, Aged About 40 Years R/o Village Aabejhar, Mahamai Road, Post Office Nagar Tola, Police Station Mahamaya Dalli Rajhara, Tahsil Balod, District Durg, Chhattisgarh (Now District Balod) ---- Applicants

Versus

1. Hemant Kumar Sahu S/o Shri Rewaram Sahu, Aged About 22 Years Occupation Driver, R/o Arjun Nagar, Durga Chowk, Near Sheetla Mandir, Cmap-1, Power House Bhilai, Police Station Chawni, Tahsil And District Durg, Chhattisgarh ...............(Driver Of Vehicle No. C.G.07 Z C 3614)

2. Kashmira Singh S/o Deewan Singh, Permanent AddressTransport Nagar, Bhilai, District Durg, Chhattisgarh, Present Address- Tatibandh, Raipur, Chhattisgarh ...............(Owner Of Vehicle No. C.G.07 Z C 3614)

3. The Oriental Insurance Company Limited, 16 R.S.S. Market, South Gangotri, Supela, Bhilai, Tahsil And District Durg, Chhattisgarh ...............(Insurance Company Who Insured The Vehicle No. C.G.07 Z C 3614) ---- Respondents For Applicants : Shri SP Sahu, Advocate Respondent not noticed.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 20.4.2017 1.

Heard on I.A.No.1/2017 for condonation of delay as the instant MCC has been preferred after 7 days of its limitation. 2.

On due consideration for the reasons mentioned in I.A.No.1/2017, this Court is of the considered view that the

applicants had satisfactorily explained the delay of 7 in filing the MCC. Consequently, I.A.No.1/2017 is allowed. Delay of 7 days is condoned.

3.

Heard the matter finally.

4.

By filing the instant MCC, applicants have prayed that MAC No.12/2006 dismissed for want of prosecution on 3.3.2017 may be restored to its original number.

5.

On due consideration, the instant MCC is allowed and MAC No.12/2006 dismissed for want of prosecution on 3.3.2017 is restored to its original number.

6.

The MCC is allowed.

Sd/ (Chandra Bhushan Bajpai) JUDGE sunita