High Court Of ChhattisgarhMCC/242/2018allowed

Branch Manager Bajaj Allianz Insurance Compnay Limited v. Smt. Rukhmani

2019-03-01Hon'Ble Shri Justice Manindra Mohan Shrivastava1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 242 of 2018 Branch Manager Bajaj Allianz Insurance Compnay Limited Bajaj Allianz Insurance Compnay Limited, Shiv Mohan Bhawan, Vidhansabha Road, Pandri, Raipur, Tahsil And Post Raipur, Chhattisgarh ---- Applicant

Versus

1. Smt. Rukhmani W/o Late Rajesh Deshmukh Aged About 30 Years Police Line, Civil And Revenue District Jagdalpur, P.S. Jagdalpur, District Bastar, Chhattisgarh

2. Roman Lal S/o Late Dayaram Deshmukh Aged About 63 Years Police Line, Civil And Revenue District Jagdalpur, P.S. Jagdalpur, District Bastar, Chhattisgarh

3. Santosh Kumar S/o Late Rajesh Deshmukh Aged About 14 Years Minor Represented Mother Smt. Rukhmani, Police Line, Civil And Revenue District Jagdalpur, P.S. Jagdalpur, District Bastar, Chhattisgarh

4. Pritesh Kumar S/o Late Rajesh Deshmukh Aged About 11 Years Minor Represented Mother Smt. Rukhmani, Police Line, Civil And Revenue District Jagdalpur, P.S. Jagdalpur, District Bastar, Chhattisgarh

5. Jasvir Singh S/o Pritam Singh R/o Behind Mahatma Gandhi School, Qtr. No. Ews-771, P.S. Amanaka, District Raipur, Chhattisgarh, Permanent AddressChhigiwal Kalyan, Barnaka, Barnaka-108101, District Bastar, Chhattisgarh, ---- Respondents For Applicant :

Mr. Utsav Mahishwar, Advocate S.B.:Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/03/2019 Heard on I.A. No.1, application for condonation of delay in filing the restoration application.

Upon due consideration, the application is allowed. Delay in filing the restoration application (MCC) is condoned.

Also heard on application for restoration.

Taking into consideration the grounds urged in the application, I am satisfied that sufficient cause has been made out for non-appearance of the applicant when the case was called on for hearing on 25.04.2016. Accordingly, the MCC is allowed. The order of dismissal dated 25.04.2016 is hereby recalled and the MAC No.825 of 2014 is restored to its original number subject to cost of Rs.250/- to be paid to the Legal Aid. Sd/- (Manindra Mohan Shrivastava) Judge Rekha