Sultan Ali v. Mohd. Anis

HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 55 of 2016 • Sultan Ali s/o. Late Mehtab Ali, Aged About 18 Years Caste Musalman, R/O Kailash Nagar, Station Chowk, Kumhari, District Durg, Civil And Revenue District Durg (Chhattisgarh)...........(Claimant) ---- Applicant

Versus

1. Mohd. Anis S/O Abdul, Aged About 38 Years Caste Musalman, R/O Railway Colony, Ward No. 21, Dallirajhara, Thana Rajhara, Tahsil Dallirajhara, Thana Rajhara, Tahsil & District Balod (Chhattisgarh) Through Manager, Kanker Roadways, Gandhi Uddyan, Civil Line, Raipur, Tahsil & District Raipur (Chhattisgarh).........(Driver Of The Vehicle)

2. Manager, M/S. Kanker Roadways, Gandhi Udyan, Civil Line, Raipur, Tahsil & District Raipur (Chhattisgarh).......(Owner Of The Vehicle)

3. Divisional Manager, New India Insurance Company Limited, Mobin Mahal, Jail Road, Raipur, Civil & Revenue District Raipur (Chhattisgarh).........(Insurer) ---- Respondents 22-01-2016 Mr. Kunal Das, counsel for the applicant.

Heard on I.ANo.1 of 2016, which is an application for condonation of delay in filing the instant MCC. On due consideration, the application is allowed and delay in filing the instant MCC is condoned. Also heard on MCC.

The applicant has filed this application for restoration of Misc. Appeal ( C ) No. 1239 of 2015 which was dismissed by this court vide order dated 1-12-2015 for want of prosecution.

On due consideration of the reasons assigned in the application which is also supported by affidavit of the learned counsel for the applicant, I am satisfied that the applicant has established sufficient cause for non-

appearance of the counsel for the appellant on 1-122015. Accordingly, M.C.C.No. 55 of 2016 is allowed and M.A.(C) No. 1239 of 3015 is directed to be restored to its original number.

Sd/- (I.S. Uboweja) Judge Raju