HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISSON BENCH CORAM: HON’BLE SHRI JAGD!SH BHALLA, Ag. CJ. & HON’BLE SHRI DILIP RAOSAHEB DESHMUKH, J. M.C.C. No. 268 of 2 37 " % 4i \ Aggiication for restoration of Misc. Aggeal No. 406/2006 Present : Shri N.K. Agrawal, Senior Advocate with Shri Deepak Gupta, counsei for the appellant. --.--_-.-.&--..-_ Y APPELLANT Y NON—APPLmANT No.3 : National ihsurance Company Limited GE. Road, Near Old Bus Stand, Raipur, Through: Its Acting Divisionai Manager, Bilaspur Office, Taha Compiex, Vyapar Vihar Road, Biiaspur, District Biiaspur, Chhattiagarh. Versus RESPONDENT NO.1 APPLICANTS (a) Mahavir Das S/o. lshwar Das Vaishnav, aged about 44 years (b) Savitri Bai Vaishnav, D/o. ishwar Prasad Vaishnav, aged about 42 years (Both are R/o. Village Mohala, P.O. Bhilai, P.S. Arang, District Ralpur (C.GI) (CLAIMANTS) RESPONDENT NO. 2 (NON —APPLICANT : Murli Manohar Patro aged about 26 years, Sio. Prakash Chand Patro, No.1) R/o. Railway Colony, Kasturei Nagar, Police Station and District Raigarh (Orissa) (DRIVER) RESPONDENT No.3 NON=APPL£CANT No.2 : Mls. Om Shanti Roadways Pvt. Ltd. Through : P.K. Charipal, Proprietor (Raigarh),District Raigarh (Orissa) (OWNER) ORAL ORDER (Passed on 14m August, 2007’) The following oral order of the Court was passed by Hon’ble Jagdish Bhalla, Ag. C.J. : Heard. The delay ln flllng the appeal ls condoned. Accordingly, l‘A. No. O stands disposed of. While flling the appeal there were defaults. Twice opportunity was given by the Registry and the appellant failed to remove the defaults pointed out by the Registry. Thereafter, by a Judicial order dated 304382006, four weeks time was allowed with the condition that failing which the appeal shall stand dismissed in default. Again, the appellant failed to comply with the directions of this Court. Now this application for restoration has been moved indicating some grounds. In the interest of justice we would like to decide the matter on merits. Therefore, we restore M.A.(C) No. 406/2006 to its original number at the cost of Rs.5,000I—. The said amount be deposited in the Registry within seven days from today which shall be transmitted to the High Court Legal Aid Services Committee. List the appeai after a week before appropriate Bench. 1 Accordingly M.C:-C_-ia,£tds disposed of. Sd/- ‘ l sd_/ Ag Chief Jti’stETe"’ , Dilip Raosaheb Deshmukh Judge subbu ii ‘ i