Disposed¶7

Smt. Basanti Lakra v. Manoj Kumar Mehta

Chhattisgarh HC16 Feb 2025MCC/160/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; MCC No. 160 of 2025 decided 17/02/2025 by Naresh Kumar Chandravanshi, J.; condonation of 2938 days' delay; restoration of motor accident appeal MAC No.1134/2016 (Basanti Lakra & Others v. Manoj Kumar Mehta & Another); dismissal vide Registry Note dated 14.12.2016 for non-compliance of peremptory order dated 18.11.2016; claimants not informed by earlier counsel; bonafide mistake; I.A. No.1/2025 allowed; claimant petitioners represented by A. N. Pandey; respondents (driver and Bharti Yexa Insurance) unrepresented.

What did the court decide?

Delay of 2938 days in filing the MCC condoned (I.A. No.1/2025 allowed); MAC No.1134/2016 restored to its original number. ¶7

Smt. Basanti Lakra Vs Manoj Kumar Mehta — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:8085

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCC No. 160 of 2025

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1. Smt. Basanti Lakra, W/o Late Chandan Lakra, Aged About 47 Years, R/o Village Chirai, P.S. And Tahsil Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh (Claimant).

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2. Ku. Priyanka Lakra, D/o Late Chandan Lakra, Aged About 30 Years, R/o Village Chirai, P.S. And Tahsil Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh (Claimant).

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3. Ku. Priti Lakra, D/o Late Chandan Lakra, Aged About 27 Years, R/o Village Chirai, P.S. And Tahsil Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh (Claimant).

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4. Ashish Lakra, S/o Late Chandan Lakra, Aged About 25 Years, R/o Village Chirai, P.S. And Tahsil Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh (Claimant).

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5. Ku. Prabha, D/o Late Chandan Lakra, Aged About 19 Years, R/o Village Chirai, P.S. And Tahsil Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh (Claimant).

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... Petitioners/Applicants

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versus

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1. Manoj Kumar Mehta, S/o Tapeshwar Mehta, Aged About 38 Years, R/o Village Bhedami (Putsura) Post & Tahsil Balrampur, District BalrampurRamanujganj, Chhattisgarh (Driver).

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2. Branch Manager, Bharti Yexa Insurance Company Ltd., Devendranagar Raipur, District Raipur, Chhattisgarh (Insurer).

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... Respondents

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(Cause title taken from Case Information System) For petitioners/applicants : Mr. A. N. Pandey, Advocate. For respondents : None.

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Hon'ble Shri Justice Naresh Kumar Chandravanshi

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Order on Board

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17/02/2025

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1. Heard on I.A. No.1/2025, application for condonation of delay in filing the

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M.C.C. as well as on instant M.C.C. for restoration of MAC No.1134/2016.

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2. For non-compliance of the peremptory order dated 18.11.2016 passed by this Court, applicants’ appeal was dismissed on 14.12.2016 vide Registry Note.

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3. Learned counsel for the applicants would submit that MAC No.1134/2016 was dismissed vide Registry Note dated 14.12.2016 in view of peremptory order dated 18.11.2016 passed by this Court. He further submits that earlier counsel for the applicants did not inform the claimants about the dismissal of the appeal and when appeal instituted in the year 2016 started listing, case of the applicants was not listed, then they enquired about the matter and came to know about the dismissal of the appeal, thereafter, instant MCC has been filed. It is further submitted that though there is huge delay, but it occurred due to bonafide mistake, therefore, he prays for condonation of delay in filing the instant MCC and also to allow the same.

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4. On due consideration and for the reasons mentioned in the application, which is well supported by an affidavit, I.A. No.1/2025 is allowed and the delay of 2938 days in filing the instant M.C.C. is hereby condoned in the interest of justice.

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5. Having considered the contention made by the counsel for the applicants and further considering the fact that appeal was dismissed on the basis of noncompliance of peremptory order, instant MCC is allowed.

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6. Registry is directed to restore MAC No.1134/2016 {Smt. Basant Lakra & Others Versus Manoj Kumar Mehta & Another} in its original number.

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7. Accordingly, instant MCC is disposed of.

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Sd/- (Naresh Kumar Chandravanshi) Judge

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Digitally signed by DEEPTIJHA DEEPTI JHANIRALADate: NIRALA 2025.02.17 16:54:10 +0530

Smt. Basanti Lakra v. Manoj Kumar Mehta

Case brief

What is this about?

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Smt. Basanti Lakra v. Manoj Kumar Mehta

Case brief

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