.^ 1»*11^^^' COURT OF AT Slngle Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. Appeilant Owner Respondents Blshwa Nath Singh, S/o Thumku Singh, 60 years, R/o viliage Khuntgoan, Police Station Fars'na'oahar, TahslJ Kunkuri, District Jashpur (Chhattlsgarh) - Versus Ram Yadav, S/o Late Shri Tankadhar Yadav, Mahkui by Caste, aged about 45 years, R/'o Vlilage Upperghlcha, Post Offlce Khugoan, Police Station FarshabaEiar, Tahsit Kunkuri, District Jashpur (CG) Somaru Ram, Khadlya, S/o Dlba! Ram Khadlya by Caste, aged about 45 years, Driver of the Tractor CG" 14, A-0179, Traiiey No.C.G. 14- A/0180, R/o vliiage Patarapais, post office Dokda, Poiice Stafion Kansabel, Tahsil Baglcha, Dlstrict Jashpur (CG) Section 173 ofthe MotorVehicie Act 1988. Present:- None appears for the appellant ORAL^RDER. (Passed on 23rd October, 2007) This appeal by the owner was filed on 30.11.2006. On 7.12.2006, a month's time was to the learned counsei for the appeiiant to make the statutory deposit as required under the proviso to sub Section (1) of Section 173 of the IViotor Vehlcle Act. Hovvever, thereafter when the matter was taken up on 1 .2.2007, no one for the appe!lant and the was dismissed for non-prosecution. Subsequently, vlde order dated 28.2.2007 passed In M.C.C. No.88/2007, the appeai was restored subject to payment of cost. However, it appears that the statutory deposit as required ^, Priya under proviso to sub section (1.) of Section 173 of the Motor Vehicle Act has not yet been made. (3) In this view of the matter, the appeal belng not maintainabie is dlsmissed. — Sd/- Dilip Raosaheb Deshmukh Judge