^;^-/^s^:;' ;^^^^^^^;;^^^;^^^%^^^^^.J^^^^^:^^^^^;^^^.'-^^^^•L\^^^•^h^^^^^^^;^^^^^^^^^^^^ ^: !:^'J^t^^^^1:^^^^^1^:^?^/;M^^:'^K^:^^^^^^^^^^^'^^^^^^C'^K-^^'1^~4^^'^'^^t^^^^^^^^^:^^: *-' •>.. IN THE HON'BLE HIGH COURTOF CHHATTISGARH AT BILASPUR M.C.C. No.'3'5^ /2oo6 sin§I&Bencff t^ APPLICANTS •OWNER DRIVER 0,W ^M> ?%y y".^\T /' „•»,"' v~ ^•^'./ y RESPONDENT CLAIMANT CLAIMANT ^'^^SURANCE 1. Sanjay Kuinar Minj, S/o Dhansu Ram, aged about - 32 years, R/o Village Gandhi Nagar, P.S. fii, Tahsil - Ambikapur Distt. Surguja (C.G.) 2. Inderniani Singh ' , S/o Ram Singh, R/o Villagft - Navagarh, P.S. 85 Tahsil- Ambikapur Distt. Surguja (C.G.). In present appellant no. 1 and 2 R/o Village - Chitabahar, Post- Kai-anji, P.S.- Ambikapur Dislt. Surguja (C.G.) VERSUS ^..l. Moh. Yusuf, So/ Late Moh. Ramzan, aged about -45 years, Occupation- Seed Business, R/o - Village - Rampur, P.S. SE Tahsil- Ambikapur Distt. Surguja, (C.G.) 2. Smt. Islamun Bibi W/o Moh. Yusuf aged about -40 years, Occupation- Bangle Business R/o Village - Rampur P.S. 8s Tahsil .- Ambikapur Distt. Siirguja (C.O.). 3. The Oriental Insurance Co. Ltd. f Branch Office- Manendergarh PREVIOUS OWNER @ ^; 'i Road, Nehru chowk, Ambikapur, Disst. Surguja (C.G.). 4. Vindhyachal Pandey S/o Shri Jhinnu Paridey, aged about 48 years, R/o -.Namna Kalan, (Near Pai'ichdev Mandir) P.S. & Tahsil - Ambikapur Distt. Surguja (C.G.) APPLICATION FOR RESTORATION OF MISC. APPEAL XI-HC-78 sn^r^iTf^ira; TOT3n^Tsbt<i<ti *TWdl St»+<ltb 3^ "ill'illd'i), ®Tnu'IS,[s|<11'M^< ^c^. ^T^/^^'^ ^,2^0 3ll^<fl 4;)<*> (yl3cl<<,<T) 5?dTW flfScT •3T1^T 04.08.2006 Shri Rahul Mishra, tearn^d counse! forthe applicants. Heard on M.(C.)P.No. 1j delay in filing the instant applic^tion a delay of one day. Also heard on applicatior^ for which is directed against the o| 676/06 and by which the appl appeal has been dismissed for appeal was also dismissed bein^ restoration of Misc. Appeal No. 676/06 •der dated 13.06.2006 passed in M.A.No. for condonation of delay in filing the \»antof prosecufion and consequently the barred by !aw of limitation. afip Learned counsel for the only one day in preferring this counting mistake. The applicaljio by anaffidavit of the counsel Taking into consideratiort for condonation of delay, the s^ime application is condoned. Learned counsel for thel dismissed on 13.06.2006 on th^ none appeared for the appl) 13.06.2CN36. He further subitnits applicants had gone to Uttar <*ii''<Fci'ifl-i *i]H<-ir^''te<^t'<Ritrii< ^sT^Tsn^r 22/06, an application for condonation of as this application has been fiied with ^ppiicants submits that there is a delay of lication and the delay occasioned due to >n for condonation of delay issupported replresenting the applicants. the reasons assigned in the appiication is atlowed. Delay is filing the instant applicants submits that the appeal was ground of non-prosecution of the case as cants when the case was called on that the counsel representing the to attend the marriage of his brother Prddesh XI-HC-78 3:n^r?iTR-ii+ OTT3TI^Tsb*1 ^.\^^— *11*1M[ ^tfTtS 35T^[Fn?PT, ®Tnu'is,(sicii'yy — .M^-,.3?J/^11^ ./.'.•.sr.s,-......../.... na- -, ^[200 Sll^s'l 4s|«h('yi^S.ff) — i ?t<IIWHl?(T3fI^T 'oiifa'fl-i tiitidTffte^t<Ri'Kit ^arf^irgn^T and for that period he had subi|nitted an application for adjustment before the A.R.(J) and thus his non-api has also fiied his own affidavit iii searance on 13.06.2006 was bonafide. He support ofthis application. Considering the reasons] assigned in the application for restoration of M.A.NO. 676/06 which is si^pported by an affidavit, the application is allowed. M.A.No. 676/06 is res^ored to its original number. 'Sd/- Dhirendra Mishra Jud&e