^ A' G IN THE mOH COURT OF JUDICATURB AT BILASPUR. CHHATTISGARH MlsceUaneous Civil Case No. '3^-^f2007: APPLICANT/: (Appellant)/ (Insurer) ^A- Versus NON-APPLICANTS/: 1. (Respondents) ^ ,."^" 2. ,vy/ % •^^1:./-"' ^^ys^%. Il^' '" ..^^^:";: "'s^ ^ ^^:;: "'^ '•^- '"^^ •^M^/ ... "\ Tl "^^ r^J ^liXte^'V: 6. National Insurance Co. Ltd., Through fhe Assistant Manager National Insurance Co. Ltd., B-1, Taha Complex, 1st Floor, Ring Rod, Priyadarshini Nagar, BUaspur, ChlTattisgarh, Neeraj Singh, S/o Ahnant Singh. Lal Ashok Singh, S/o Chandrabhan Singh, Aged about 52 years. Ram Kumar, S/o LaUuram Kewat, Non-applicants No. 1 to 3 above all residents of Chicholo, Tehsil: Khairagarh, District: Rajnaiidgaon, Chhattisgarh. Smt. Shiwati, Wife of Budhram, Aged about 50 years. Smt. Radhiya Bai @ Gango. Bai, Wife of Santram Kevat, Aged about 19 years. Budhram, S/o Dasharu Kevat, Aged about 55 years (died). Non-applicants No.4 to 6 above all residents ofVUlage: Amalidih Khurd, Police Station & TehsU: Khairagarh, District: Rajnandgaon, Chhattisgarh. ^" ^ ^ 6A. 6B. 6C. 6D. Shyamlal, S/o Late Budhram, Aged about 36 years, R/o Vmage: Amnidih, Tehsil: Khairagarh, District: Rajnandgaon, Chhattisgarh. Basant, S/o Late Budhram, Aged about 22 years, R/o Ravanpara, BhUai, District: Durg, Chhattisgarh. Santumm, S/o Late Budhram, Aged about 29 years, Radheshyam, S/o Late Budhrain, Aged about 39 years. Non-applicants No.6C & 6D above both residents ofRama Jhhopara, Police Station: Singledipty, Nagpur, Maharashtra. ^^•" .^^-I^"w"~A'"^r;s. ^€$'^5S^. €^-It^::^TB-'^ ^'L^^ B^i^^ B K^.:^ ^l €^s'i.''""''"¥::' ^ "'> ""<$/':';\;^""" -^,•^' ^^ ...^i 6E. Sambati Bai, Wife of Bhikhy^ Kewat, Aged about 32 years, R/o VUlage: Chichola, TehsU: Khairagarh, District: Rajnandgaon, Chhattisgarh. APPLICATION FOR RECALL OF ORDBR DATBD 13.09.2006 AND RESTORATION OF BUSC. APPEAL (Cl N0.425/2006 (NATIONAL INSURANCE CO. LTD. VS. NEERAJ SINGH & OTHERSl DISMISSBD FOR NON- COMPLIANCE OF ORDBR DATBD 13.09.2006 PASSED BY THIS HON»BLBCOURT F XI-HC-78 +11+1^11 Sh^ich 3^T ^l^lcrf^, ^Tf1<-ljl(o, f^Krll^y ••• »• •'»• • vv • • • y~» ••• • • H^ 200? a^ 3^1^1 ^5<cb (yiI^Qi^) ^n^T^rf^TW cTS[T3TR?T9h^|ch ^RTTW^fN'^TI^T 15.02.2007 Shri Souratoh Sharma, coun^' The applicant has preferred Appeal (C) No. 425/06 which was dated 13.9.2006 as on that date weeks' time to remove the defaul Learned counsel for the appl| on default as the order passed und^r (henceforth 'the Act') was not fiied| submits that since on the applic^tion Section 170 of the Act filed befor^ was passed, the appiicant/appel!an|t same. He further submits that appiication on 11.10.2006 praying of the order passed under Section| above, however, the appeal was dated 13.9.2006. <=hi^fcn41-i ^i^QiT^"tec^"<Ri<-dj< ^3Tf^T3TT^T el for the applicant. [this application for restoration of Misc. [dismissed in compiiance of the order tt^e applicant/appetiant was ailowed two defaull:, failing which the appeai was made liable to be dismissed without refer^nce to the Bench. icant submits that the matter was iisted fer Section 170 of the Motor Vehicle Act |by the applicant/appellant. He further of the applicant/appellant under the learned Claims Tribunai no order couid not fiie the certifred copy of the |the appticant/appe!lant had filed an |for exemptlon from filing certified copy 170 of the Act on the grounds stated jdismissed in compliance of the order N, XI-HC-78 ^T^T^rf^TW <T§TT3TRST$bH|ch ^ ^" Y^s^^ ^wwi a»+iicb ^=S[ r^l^l^q, ^Tn^^Ko, [^cni<-l^< __ /^^^-c^ 3 z. o ^ 200^ 6 3<1^1 ^|5|ch (yit^^) ?^<TT^K^cT3TT^T Taking into consideration <=hi^?cn41-i ^i^-KnT^te^if^K-^K ^31"1^T3:fT^T the overail circumstances, appiication for restoration of Mssc. Appeal (C)| No. 425/06, is aliowed for the reasons indicated therein. The office Is 4 number. irected to restore the appea! to its original Sd/- Dhirendra ]V[ishra Judge P.T.O.