1 2025:CGHC:10203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 211 of 2025 1. Birbal Ram, S/o Uraon Ram, Aged About 64 Years, Occupation Agriculturist And Laborer, R/o Village Chirai, P.S & Tahsil Shankargarh District Balrampur (C.G.) (Claimant). 2. Smt. Bandhani, W/o Birbal Ram, Aged About 61 Years, Occupation House Wife, R/o Village Chirai, P.S & Tahsil Shankargarh District Balrampur (C.G.) (Claimant). ... Petitioners/Applicants versus 1. Manoj Kumar Mehta, S/o Tapeshwar Mehta, Aged About 38 Years, Occupation R/o Village Bhedami (Putsura), Post & Tahsil Balrampur, District Balrampur-Ramanujganj (C.G.) (Driver). 2. Branch Manager, Bharti Yexa Insurance Company Ltd., Devedranagar, Raipur, District Raipur (C.G) (Insurer). ... Respondents (Cause title taken from Case Information System) For Petitioners/Applicants : Mr. A. N. Pandey, Advocate. For Respondents : None. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 03/03/2025 1. Heard on I.A. No.1/2025, application for condonation of delay in filing the M.C.C. as well as on instant M.C.C. for restoration of MAC No.1133/2016. 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. 3. Learned counsel for the applicants would submit that MAC No.1133/2016 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 2 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. 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 2950 days in filing the instant M.C.C. is hereby condoned in the interest of justice. 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 non- compliance of peremptory order, instant MCC is allowed. 6. Registry is directed to restore MAC No.1133/2016 {Birbal Ram & Another Versus Manoj Kumar Mehta & Another} in its original number. 7. Accordingly, instant MCC is disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Digitally signed by DEEPTI JHA NIRALA Date: 2025.03.03 16:28:35 +0530