2.^ ^7, ./'^w HIGH COURT OF CHHATTISGARH AT BILASPUR Sinale Bench : Hon'ble-Shri Dilio Raosaheb Deshmukh. J. Miscellaneous Appeal (C.l (PRl No.3978 of2007 ~2~7 Aopellants 1. 2. Respondents Basant, S/o Aniruddh, aged about years, R/o Village Juna Karkoli, P.S. Bhaiyathan, Distt. Surguja (C.G.) Sejnath, S/o Ramsai Gond, aged about 20 years, R/o Village Ramnagar, P.S. Vishrampur, Tahsil Surajpur, Distt. Surguja (C.G.) versus 1. Gharbharan, S/o Buddhu Ram, aged about 50 years 2. Smt. Jagmaln Bal, W/o Gharbharan, aged about 45 yeare Both are r/o Village Ramnagar, Tahsll Surajpur, Distt. Surguja (C.G.) 3. The New India Insurance Company Limited, Through Branch Manager, Raigarh, Distt. Raigarh (C.G.) Appeal underSection 173 ofthe Motor Vehicles Act. 1988 Present : Shri B.R.Nikunj, counsel for the appellante. ORAL ORDER (Passed on 25th day of March, 2008) Shri B.R.Nikunj, learned counsel appearing for the appellants prayed that four weeks' time be granted for removing the default, i.e., flon-filing of the/receipt of statutory deposit. The appeal was filed on 19-12-2007. The receipt ofstatutQ(y deposit required to be made under the proviso tosub-section (1) of Section 173 ofthe Motor Vehicles Act, 1988 (henceforth 'the Act') was not flled. After repeated prayers by the coynsel for the appellants for grant of time, the Registry listed the matterbefore the Courton 04-03-2008, when Shri B.R.Nikunj, tearned cSounsel appearing.for the appellants again prayed for time to make the_ ^. ;£@S^:?&, ^^^ ^ ts^f7ts~ H : tS;6iS ^ s 2. — 7*)' GQ93S, BBt statutory deposit. Finafly two weeks' time was granted. Since the appellants did not make the statutory deposit, the matter is listed before the Court today. (2) In view of the facts and circumstances, no further time can be granted for making the statutory deposit. The appeal is dismissed as not maintainable due to non-compliance of the proviso to sub-section (1) of Section 173 of the Act. Sd/- Dilip Raosaheb Deshmukh Judge