The Chhattisgarh High Court condoned a 128-day delay in filing an MCC. It also restored MAC No.1553 of 2015, previously dismissed, upon hearing the parties and considering the restoration application.
Condonation of delay in filing MCC; restoration of MAC No. 1553 of 2015; listing for hearing after eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No. 399 of 2019
---Applicant
Versus
---- Respondents
| For Applicant | Shri Amiyakant Tiwari, Advocate on behalf of Shri Ashutosh Shukla, Advocate. |
|---|---|
| For Respondent Nos. 1 & 2 | Shri Samir Singh, Advocate. |
| For Respondent No.4 | Shri Anand Kesharwani, Advocate on behalf of Shri Rohitashva Singh, Advocate. |
Hon'ble Shri Justice Gautam Chourdiya Order on Board
01/08/2019
1. Heard on I.A. No.1
2. This is an application for condonation of delay of 128 days in filing the MCC.
3. For the reasons mentioned in the application which is duly
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supported by affidavit, the same is allowed and delay in filing the MCC is condoned.
4. Also, heard on admission.
5. The MCC being arguable is admitted for hearing.
6. Since all the parties are duly represented, with their consent the application is heard finally.
7. This is an application for restoration of MAC No.1553 of 2015 which was dismissed for want of prosecution vide order dated 03.10.2018.
8. On due consideration and for the reasons mentioned in the restoration application, it is allowed and MAC No.1553 of 2015 is directed to be restored to its original number.
9. List MAC No.1553 of 2015 after eight weeks.
Sd/Gautam Chourdiya Judge
Akhilesh
3 issues framed by the court
Whether the delay of 128 days in filing the Miscellaneous Court Case (MCC) be condoned.
Whether the previously dismissed Motor Accident Case (MAC) No.1553 of 2015 be restored.
Whether the application be admitted for final hearing after consent of parties.
Rajwaram Yadav
Jagdish Prasad @ Madan Dindore and Others
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
