The Division Bench allowed the application for restoration of Motor Accident Claims Petition No. 692 of 2009, previously dismissed for want of prosecution, finding the petitioner's absence of counsel was bona fide.
Application for restoration of MAC No. 692 of 2009 allowed; petition restored to its original number.
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HIGH COURT OF CHHATTISGARH AT BILASPUR
DIVISION BENCH
CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J.
| M.C. | C.No. 196of2010 |
|---|---|
| Applicant | Smt. Shriti Sarkar, W/o. Late Shri Abhijit Sarkar, Aged about 35 years, R/o: Through- Lipipal, LIG-1,42122 M.P. Housing Board, Bhilai, District District Durg (C.G.) |
| VERSUS | |
| Non-applicants 1. |
Ashok Kumar Kurre, S/o. Gamgaram Kurre, Aged about 42 years, R/o. Near Maheshwari School, Sanjay Nagar, Supela, Bhilai District Durg (C.G.) |
| 2. | Laxmi Bencher (Bombey) Pvt. Ltd. Shop No.7, Sivik Center, Bhilai, District Durg (C.G.) |
| 3. | United Indla Insurance Company Ltd., Tara Complex, G.E. Road, Bhilai, District Durg (C.G.) |
| ARplication forrest | orationofM.A.tC) No. 692of2009 |
| Present: ShriArvind Du Mrs. Chitra Sh |
bey, counsetforthepetitioner. rivastava, counsel forrespondent No.3. |
ORDER
| >th (08m |
April | ,20 | 10) | |||||
|---|---|---|---|---|---|---|---|---|
| The | following | order | of | the | Court | was | passed | by |
feijeev Gupta, C.J.
Learned counsel for the parties are heard on the
restoration petition.
4). M.C.C. No. 196 of 2010, therefore, is allowed and MAC No.692 of 2009 is restored to its original number.
Sd/ChiefJustice SdlR,N. Chandrakar judge
2 issues framed by the court
Whether the application for restoration of the Motor Accident Claims Petition dismissed for want of prosecution should be allowed.
Whether the absence of the petitioner's counsel on the date of dismissal was based on bona fide grounds warranting restoration.
Smt. Shriti Sarkar
Ashok Kumar Kurre
Laxmi Bencher (Bombey) Pvt. Ltd.
United India Insurance Company Ltd.
Rajeev Gupta
Rangnath Chandrakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
