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2025 DAILYLAW 22036 (CHH)

BRANCH MANAGER CHOLAMANDLAM M.S. GENERAL INSURANCE COMPANY LIMITED v. HEMLAL

MCC/592/2025 · 2025-06-23

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:27132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 592 of 2025 • Branch Manager Cholamandlam M.S. General Insurance Company Limited Raigarh Branch Office Ground Floor, Krishna Complex Dhimrapur Road Raigarh At Present 2nd Floor Simran Tower Pandri Opp. L.I.C. Building Raipur District - Raipur (C.G.) (Insurance Of Loader Tractor No. C.G. - 13- A.N. - 6249) ... Applicant(s) versus 1. Hemlal S/o Laxman Bhardwaj Aged About 46 Years R/o Village And Post Ward No. 06, Holarsing Tahsil And Thana Pusar District - Raigarh (C.G.) (Claimants ) 2. Smt. Budhwari W/o Hemlal Aged About 40 Years R/o Village And Post Ward No. 06, Holarsing Tahsil And Thana Pusar District - Raigarh (C.G.) 3. Arun S/o Hemlal Aged About 23 Years R/o Village And Post Ward No. 06, Holarsing Tahsil And Thana Pusar District - Raigarh (C.G.) 4. Minor Varun Kumar S/o Hemlal Aged About 17 Years Profession Student Representing Through Father Hemlal Bhardwaj S/o Laxman Bhardwaj R/o Village And Post Ward No. 06, Holarsing Tahsil And Thana Pusar District - Raigarh (C.G.) 5. Shri Kumar Atri S/o Ratanlal Atri Aged About 41 Years Professions Vehicle Owner R/o Village Saraibhaddar Behind Balaji Rice Mill Thana Joot Mill Chawki Raigarh Tahsil And District - Raigarh (C.G.) (Owner Of Loader Tractor No. C.G. 13- A.N . - 6249 ) 6. Shyamji Lal S/o Munu Dau Sarthi Aged About 38 Years Profession Vehicle Driver R/o Tarkela Thana Joot Mill Chawki Raigarh District - Raigarh (C.G.) (Driver Of Loader Tractor No, C.G. - 13- A.N. - 6249 ) ... Respondent(s) (Cause Title is taken from Case Information System) For Applicant : Mr. Harshmander Rastogi, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24. 06.2025 SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.06.24 13:37:28 +0530 2 1. The present application has been moved for restoration of MAC No. 481 of 2023 which was dismissed on 16.04.2025. 2. Learned counsel for applicant would submit that on account of some unavoidable circumstances, no one could appear before this Court when the matter was taken up for hearing, therefore, MAC No. 481 of 2023 was dismissed for want of prosecution. He would submit that the applicant has good case on merits and he is interested in pursuing the matter. He would pray to restore the appeal to its original number. 3. Heard. 4. Taking into consideration the submission made by Mr. Rastogi, and grounds raised in the application, the present application is hereby allowed. The MAC No. 481 of 2023 is restored to its original number subject to payment of cost of Rs. 2,000/- payable to the Library Fund, High Court Bar Association, Bilaspur. 5. Accordingly, the instant MCC is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant