High Court Of ChhattisgarhMCC/349/2021allowed

Magma Hdi General Insurance Company Limited, v. Santoshi Sahu

2021-07-15Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 349 of 2021 • Magma Hdi General Insurance Company Limited, Through Branch Manager, Having Office At 501, 512, 5th Floor City Corporation Park, Plot No.1, Block-9, Rajbandha Maidan, Raipur, District Raipur (C.G.) And Registered Office At Magma House, 24 Park Street, Kolkata (West Bengal), (Insurance Company), District : Kolkata, West Bengal ---- Applicant

Versus

1. Santoshi Sahu W/o Late Naresh Sahu, Aged About 35 Years

2. Amit Kumar Sahu S/o Late Naresh Sahu, Aged About 18 Years

3. Garima Sahu D/o Late Naresh Sahu, Aged About 16 Years Minor Through Natural Guardian Mother Santoshi Sahu W/o Late Naresh Sahu.

4. Sag Ram Sahu S/o Duwasi Ram, Aged About 60 Years

5. Siya Bai W/o Sag Ram, Aged About 55 Years All the claimants are R/o Village Lenjakhar, Police Station And Tashil Bodla, District Kabirdham Chhattisgarh. District : Kawardha (Kabirdham), Chhattisgarh

6. Loknath @ Jugraj Yadav S/o Vikram Yadav, Aged About 20 Years (Driver),

7. Rupesh Sahu S/o Girdhar Sahu, Aged About 24 Years (Owner) Both are R/o Village Lenjakhar, Police Station And Tahsil Bodla, District Kabirdham Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh ---- Respondents ________________________________________________________________ For Applicant :

Shri Shashank Thakur, Advocate ------------------------------------------------------------------------------------------------ Single Bench:Hon'ble Shri Justice Sanjay S. Agrawal Order On Board Through Video Conference 15.7.2021

1. Heard on admission.

2. The instant M.C.C. has been filed for restoration of MAC

No.31/2021, which was dismissed in default(s) for non-compliance of the peremptory order dated 22.01.2021.

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

4. Accordingly, the instant M.C.C. is allowed and the said appeal, which was dismissed in default, is restored to its original number as MAC No.31/2021 subject to payment of cost of Rs.2,500/- payable to the High Court Legal Services Committee through its Secretary within a period of two months from today.

5. Learned counsel for the Applicant is permitted to remove the default(s), as pointed out by the Registry in the said MAC No.31/2021, within the said period of two months from today.

6. In view of the above, the instant M.C.C. stands disposed of. Sd/- (Sanjay S. Agrawal) JUDGE sunita