1 2025:CGHC:5416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 568 of 2024 The Oriental Insurance Co. Ltd. Through Its Divisional Manager, Rama Tade Center, First Floor, Bus Stand Near Rajeev Plaza, Bilaspur, Through Branch Manager, Oriental Insurance Company Ltd. Bramha Road Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Applicant versus 1 - Smt. Hemlata Singh W/o Late Kishore Kumar Singh Aged About 29 Years Occupation- House Wife, R/o Indira Nagar, Fundurdihari, Ambikapur, Thana And Tahsil- Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 2 - Ansh Kumar Singh S/o Late Kishore Kumar Singh Aged About 6 Years Occupation- Nil, Minor Through Their Guardian Mother Respondent No. 1 / Claimant No. 1 Smt. Hemlata Singh, Occupation- House Wife, R/o Indira Nagar, Fundurdihari, Ambikapur, Thana And Tahsil- Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 3 - Smt. Timdi Bai Singh W/o Puran Singh Aged About 51 Years Occupation- Service, R/o Indira Nagar, Fundurdihari, Ambikapur, Thana And Tahsil- Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 4 - Puran Singh S/o Faninder Singh Aged About 54 Years Occupation- Nil, R/o Indira Nagar, Fundurdihari, Ambikapur, Thana And Tahsil- Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 5 - Ku. Kanishka Singh D/o Late Kishore Kumar Singh Aged About 10 Years Occupation- Nil, Minor Through Their Guardian Mother Respondent No. 1 / Claimant No. 1 Smt. Hemlata Singh, Occupation- House Wife, R/o Indira Nagar, Fundurdihari, Ambikapur, Thana And Tahsil- Ambikapur, District : Surguja (Ambikapur), Chhattisgarh Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.02.01 12:08:04 +0530 2 6 - Dwarika Prasad Kushwah S/o Ramkhelwan Aged About 52 Years Occupation- Driver, Resident Of Aamakherwa, Manendragarh, Ward No. 2, Tahan And Tahsil- Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh 7 - Rakesh Kumar Gupta S/o Chandrik Prasad Gupta Proprietor- Chandrika And Sons, Agrasen Chowk, Bilaspur, District : Bilaspur, Chhattisgarh ... Respondents For Applicant : Ms. Chitra Shrivastava, Advocate For Respondents No. 1,2,4 & 5 : Mr. T.R. Chandra, Advocate (Hon'ble Shri Justice Sanjay Kumar Jaiswal) Order On Board 29/01/2025 1. Heard on IA No.01/2024 for condonation of delay in compliance of order passed by this Court. 2. Learned counsel for the applicant submits that the order passed by this Court on 05.04.2024 was already complied by serving notice to respondent No.7 on 09.04.2024. She further submits that earlier an application was filed on 11.10.2023 in appeal stating that since respondent no.7 (owner) was deliberately avoiding acceptance of notice, permission is sought for publication of notice in a local newspaper against respondent no.7 and during the pendency of the application dated 11.10.2023 seeking permission for publication of notice, this Court has passed the peremptory order on 05.04.2024 which was later complied with 09.04.2024. Therefore, she prays that 3 since the peremptory has been complied, the delay in compliance of the order dated 05.04.2024 be condoned. 3. In view of the above submission, learned Counsel appearing for the Respondents No.1, 2, 4 & 5 submit that they do not raise any objection. 4. Having heard learned counsel for the appellant and on due consideration of the reasons assigned in I.A.No.1 and since no objection is made by counsel appearing for respondents 1, 2, 4 & 5 , I am inclined to condone the delay in compliance of the peremptory order. 5. Accordingly, the delay in compliance of the peremptory order is condoned and I.A.No.1 is allowed. 6. Also heard on MCC for restoration of MAC No. 1121 of 2015 which stands automatically dismissed for non-compliance of the peremptory order dated 05.04.2024. 7. Having heard learned counsel for the parties and on due consideration of the grounds mentioned in the restoration application, I am satisfied that the applicant has made out sufficient reasons for non-compliance of peremptory order dated 05.04.2024 supported with affidavit. Therefore, I am inclined to restore the appeal. 8. Accordingly, the application for restoration of the appeal is allowed and MAC No.1121/2015 is restored to its original number. Sd/- (Sanjay Kumar Jaiswal) Judge Rao/ Subham