Cholamandlum Ms General Insurance Company Limited v. Mangtu Das Mahant

HIGH COURT OF CHHATTISGARH , BILASPUR Order Sheet MCC No.709 of 2017 Cholamandlum MS General Insurance Co.Ltd. Versus Mangtu Das Mahant & Ors. 26.10.2017 Shri Rohitashva Singh, Advocate for the appellant. Present MCC has been filed seeking restoration of the MAC No.1354/2016 which stood dismissed by peremptory order passed by this court on 04/07/2017. The counsel for the appellant submits, that the appellant are now in a position to remove the default and therefore the appeal may kindly be restored. The application was also filed with a delay of 24 days. Finding the reasons assigned in the said application to be satisfactory, the delay in filing the MCC stands condoned.

Further, perusal of record and also the contention put forth by the counsel for the appellant this court is of the opinion, that the appellant have made out a strong case for allowing the MCC and therefore the same is accordingly allowed subject to the appellant removing the default pointed out by the registry within a period of 10 days from today.

It is made clear, that in the event if the default is not removed, the order passed in this MCC would loose its efficacy.

Sd/- (P. Sam Koshy) JUDGE Sumit