Nakul Kashyap v. Mohammad Zamir

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 407 of 2021 • Nakul Kashyap S/o Bal Singh Kashyap Aged About 28 Years R/o Block Colony, Village And Chowki Bakavand, Tahsil Bakavand, District Bastar Chhattisgarh.

---- Applicant

Versus

1. Mohammad Zamir S/o Sheikh Hussain Aged About 40 Years R/o Block Colony, Village And Chowki Bakavand, District Bastar Chhattisgarh.

2. Shekh Hussain S/o Shekh Mansoor R/o Block Colony, Village And Chowki Bakavand, District Bastar Chhattisgarh.

3. Branch Manager, National Insurance Company Limited Nayapara Jagdalpur Bastar.

---Non-Applicants For Applicant:

: Shri Malay Shrivastava, Advocate.

Single Bench:Hon'ble Shri Sanjay S. Agrawal, J Order On Board 13.08.2021 1.

Heard on admission.

2.

The instant M.C.C. has been filed for restoration of MAC No.828 of 2016, which was dismissed in default(s) for non-compliance of the peremptory order dated 20.11.2020.

3.

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

4.

Accordingly, the instant M.C.C is allowed and, Appeal being M.A.C. No.828 of 2016 is restored to its original number, subject to cost of Rs.1,000/- payable to the High Court Legal Services Committee through its Secretary within a period of 15 days from today.

5.

Learned counsel for the Applicant is permitted to remove the default(s), as pointed out by the Registry in the said appeal within a period of 15 days from today.

6.

With the aforesaid observation, the petition is accordingly disposed of.

Sd/- (Sanjay S. Agrawal) JUDGE vivek