High Court Of ChhattisgarhMCC/582/2020allowed

Daleshwar @ Duleshwar v. Ram Kumar

2021-08-03Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 582 of 2020 • Daleshwar @ Duleshwar S/o Shankar Lal Aged About 25 Years R/o Village Dhobanipali, Police Station And Tahsil Dabhra, District JanjgirChampa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

1. Ram Kumar S/o Jogiram Aged About 42 Years R/o Village Nimohi, Police Station And Tahsil Dabhra, District Janjgir- Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

2. Royal Sunderam Allianz Insurance Company .Limited Rama Trades Centre, Infront Of First Floor, In Front Of Rajeev Plaza Bilaspur, Tahsil And District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Non-Applicants ________________________________________________________________ For Applicant :

Shri Syed Majid Ali, Advocate For Non-Applicant No. 1 :

Shri Ishwar Jaiswal, Advocate For Non-Applicant No.2.

None, though served ------------------------------------------------------------------------------------------------ Single Bench:Hon'ble Shri Justice Sanjay S. Agrawal Order On Board Through Video Conference 03/08/2021

1. Heard on I.A.No.1/2020, an application for condonation of delay of 233 days in filing the M.C.C.

2. No reply has been filed with regard to the said application.

3. On due consideration of the reasons assigned in the application, which is duly supported by an affidavit, I am inclined to allow the same.

4. The application is allowed and the delay of 233 days in filing the M.C.C. is accordingly condoned.

5. Also heard on admission.

6. The instant M.C.C. has been filed for restoration of MAC No.979/2014, which was dismissed in default vide order dated 13.03.2020.

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

8. Accordingly, the instant M.C.C. is allowed and the said appeal is restored to its original number as MAC No.979/2014.

9. No order as to cost.

10. In view of the above, the instant M.C.C stands disposed of. Sd/- (Sanjay S. Agrawal) JUDGE sunita