Horilal Chouhan v. Pankin Bai

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 622 of 2017

1. Horilal Chouhan S/o Salik Chouhan, Aged About 55 Years R/o Adarsh Nagar, Ward No. 4, Kawardha, Tahsil Kawardha, Civil & Revenue District Kabirdham Chhattisgarh.

2. Aghnu Yadav S/o Deen Dayal Yadav, Aged About 45 Years R/o Village Podi, Tahsil Bodla, District Kabirdham (Chhattisgarh) ---- Applicants

Versus

1. Pankin Bai Wd/o Adam Singh Dhruve, Aged About 50 Years R/o Village Manouri, P.S. Motinala, Tahsil Bichiya, District Mandla (Madhya Pradesh)

2. Anil Singh Dhruve S/o Aadam Singh Dhruve, Aged About 15 Years Minor, Through Natural Guardian Mother Pankinbai, R/o Village Manouri, P. S. Motinala, Tahsil Bichiya, District Mandla (Madhya Pradesh)

3. I. C. I. C. I. Lombard General Insurance Company Limited Guru Kripa Tower, 3rd Floor, Vyapar Vihar Road, Bilaspur, District Bilaspur (Chhattisgarh) ---Respondents For Applicants :

Mr. Chandradeep Prasad, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 30/08/2017 1.

Heard on I.A. No.1, which is an application for condonation of delay. For the reasons assigned in the application and finding them to be satisfactory, I.A. No.1 is allowed and delay of 07 days in filing the application stands condoned.

2.

Present MCC is filed seeking for restoration of MAC No. 1385/2015, which got dismissed for want of prosecution on 10.07.2017. 3.

For the reason assigned in the said application, this Court is of the opinion that ends of justice would meet if the MCC is allowed and appeal is decided on merits.

4.

Accordingly the MCC is allowed subject to the petitioner paying a cost of Rs.3,000/- to the High Court Middle Income Group Legal Aid Society, Bilaspur. Subject to the depositing the said amount within a period of two weeks from today, the appeal i.e. MAC No. 1385/2015 shall stand restored to its original number.

Sd/- (P. Sam Koshy) Judge Ved