v» HIGH COURT OF CHHATTISGARH AT BlBASPUR ^; Coram: Hon' ble Shri Dhirendra IWishra, & Hon' ble Shri R.N. Chandrakar, JJ M.C.C. N0. 833 of 2006 ADplicant Claimant Sunil Kumar Shukla, S/o. Lakhan Lal, aged about 27 years, R/o. Shubham Fancy & General Stores, Pahadi Chowk, Gudhiyari, Raipur, District Raipur (CG). Vs. Respondents Non-claimants 1. Josef Farnandis S/o. R. Farnandis, r/o. In front of Prem Nagar, Railway Colony, Qtr. No. 98/C, Charoda, Old Bhilai, District Durg (CG). 2. Rajesh Verma, S/o. P.K. Verma, R/o. Qtr. No.5/11, Street No.21, Sector-1, Bhilai, District Durg (CG1. t- 3. The Oriental Insurance Company Limited Malviya Nagar, Ducg, through Divisional Office No.2, Chawala Complex, Devendra Nagar Road, Raipur, Tehsil & District Raipur (CG). (Application for restoration of Misc. Appeal No. 951 of 2006) Present: Shri Shivendu Pandya, counsel forthe applicant. Shri P. Dutta, counsel for respondent No.3. Oral Order (Passed on this 5th day of March, 2010) Per Dhirendra Mishra, J. Heard. The applicant has filed this application for restoration of Miscellaneous Appeal No. 951 of 2006 with delay of 130 days along with M (C) P.No. 2274 of 2006, an application for condonation of delay. On 27-6-2006, applicant was granted two weeks time to remove the default, failing which the appeal was to be dismissed for want of prosecution. However, on the appellant's failure to make good the default within the aforesaid period, the appeal stood dismissed without further reference to the Bench. lifc On dueconsideration of the reasons assigned inithS application which is also supported by affidavit of the learned counsel for the applicant as well as the reasons for non-compliance of the order dated 27-6-2006 for removing the default within two weeks, we are satisfied that that the applicant has succeeded in showing sufficient cause for the delay in filing the restoration application as well as for non-compliance of the order dated 27-6-2006 for removing the default within two weeks. Accordingly, M(C) P.No. 2274 for condonation of delay in filing the application is allowed and Miscellaneous Appeal No. 951 of 2006 is directed to be restored to its original number, subject to applicant's depositing Rs.200/- to the High Court Legal Aid Committee, Bilaspur, within a perjod of two weeks from today and thereafter on furnishing the receipt thereof Miscellaneous Appeal No. 951 of 2006 be listed for hearing. In view of the above, M.C.C.No. 833 of 2006 stands disposed of. Raju Sd/- Dhirendra Mishra Judge SA'- R.N. Chand Judge 5^g^^^^^^^^^=^^s^;