Bajaj Allianz General Insurance Company Ltd. v. Smt. Fuleshwari Bai

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCC No. 541 of 2019 Bajaj Allianz General Insurance Company Ltd. Versus Smt. Fuleshwari Bai. 21.06.2019 Mr. Ghanshyam Patel, Counsel for the petitioner. The present MCC has been filed seeking restoration of the MAC No. 365 of 2018, which was got dismissed by peremptory order passed by this Court on 06.03.2018.

Counsel for the applicant submits that the default in fact had already been removed in as much as application for condonation of delay along with the affidavit was duly filed, however the affidavit was not properly worded on account of which the default was pointed out but the default thereafter could not be removed though time was granted by this Court. Perusal of records would show that the present MCC has been filed after 14 months from the date the peremptory order was passed by this Court. Taking into consideration the facts & circumstances of the case, subject to applicant depositing a fine of Rs. 3,000/- to the Chhattisgarh High Court Bar Association Library Fund Account No. 32749718036 within a period of 7 days from today, the original MAC No. 365 of 2018 would stand restored to its original number.

This order would come into effect only upon the petitioner furnishing a receipt of deposit of cost money before registry within the stipulated time.

Certified copy today.

Sd/- (P. Sam Koshy) Judge Jyotijha