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2025 DAILYLAW 24212 (CHH)

RAGHUVEER SINGH v. CHITREKHA BAI

MCC/569/2025 · 2025-06-19

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:26306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 569 of 2025 1 - Raghuveer Singh S/o Shri Anuj Singh Bargah Aged About 40 Years Occupation Driver Of Tractor, No. C.G.10 D-7129, And Trolly No.C.G. 10 D 7061, R/o Village Dhardei, Thana And Tahsil Pathariya District Mungeli Chhattisgarh. 2 - Ramsharan Singh S/o Anujram Singh Aged About 45 Years Occupation Owner Of Tractor No. C.G. 10 D-7129 And Trolly No. C.G. 10 D 7061, R/o Village Dhardei, Thana And Tahsil Pathariya, District Mungeli Chhattisgarh (Non Applicant). ... Applicants versus 1 - Chitrekha Bai Wd/o Late Shri Veerulal Sahu Aged About 35 Years R/o Village Dhardei, Thana And Tahsil Pathariya, District Mungeli Chhattisgarh. 2 - Ku. Bhagwati Sahu D/o Late Shri Veerulal Sahu Aged About 17 Years Minor Represented Through Natural Guardian Chitrekha Sahu, Wd/o Late Shri Veerulal Sahu, R/o Village Dhardei, Thana And Tahsil Pathariya, District Mungeli Chhattisgarh. 3 - Horilal Sahu S/o Late Shri Veerulal Sahu Aged About 15 Years Minor Represented Through Natural Guardian Chitrekha Sahu, Wd/o Late Shri Veerulal Sahu, R/o Village Dhardei, Thana And Tahsil Pathariya, District Mungeli Chhattisgarh. 4 - Ku. Payal D/o Late Shri Veerulal Sahu Aged About 13 Years Minor Represented Through Natural Guardian Chitrekha Sahu, Digitally signed by HEERA LAL SAHU Date: 2025.06.20 18:22:26 +0530 2 Wd/o Late Shri Veerulal Sahu, R/o Village Dhardei, Thana And Tahsil Pathariya, District Mungeli Chhattisgarh. 5 - Ku. Amita D/o Late Shri Veerulal Sahu Aged About 11 Years Minor Represented Through Natural Gaurdian Chitrekha Sahu, Wd/o Late Shri Veerulal Sahu, R/o Village Dhardei, Thana And Tahsil Pathariya, District Mungeli Chhattisgarh. 6 - Dhaneshwari Sahu Wd/o Late Shri Kejuram Sahu Aged About 62 Years R/o Village Dhardei, Thana And Tahsil Pathariya, District Mungeli Chhattisgarh. 7 - The Oriental Insurance Company Limited Opposite Rajeev Plaza, Divisional Officer, Bilaspur, District Bilaspur Chhattisgarh. ... Respondents For Applicant : Mr. Ravi Bhagat, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 20 / 06 / 202 5 1. Heard on MCC No. 569/2025, which is an application for ‘extension of time to comply order dated 08.05.2025 passed in MCC No. 463/2025’, filed for restoration of MAC No. 1769/2016 which had been allowed with condition to deposit cost of Rs. 5000/- to Legal Aid Services Committee, High Court within 7 days from that order. 2. Learned counsel for the applicants submits that the appeal MAC No. 1769/2016 was dismissed for want of prosecution on 08.01.2025. Thereafter, the applicants had filed an application (MCC No. 463/2025) for restoration of the 3 same, wherein this Court vide order dated 08.05.2025 allowed the MCC application with a condition to deposit Rs. 5000/- to the High Court Legal Services Committee within a week. He further submits that due to summer vacation, the counsel was out of station and could not comply with the order of this Court dated 08.05.2025 within the time limit. When he appeared before the office of the High Court Legal Services Committee on 20.05.2025 to comply with the order dated 08.05.2025, he was informed that the stipulated time had expired. Therefore, he prays to extend the time to deposit the cost of Rs. 5000/- and restore the MAC to its original i.e. MAC No. 1769/2016. 3. Considering the facts and circumstances of the case and the submissions made by the counsel for the applicants, this Court is of the opinion to allow the application. Accordingly, MCC 569/2025 is allowed and MAC No. 1769/2016 is directed to be restored to its original number, subject to payment of the cost of an additional amount of Rs. 2000/-. The applicant is directed to deposit a total cost of Rs. 7000/- (Rs. 2000/- for this MCC No. 569/2025 and Rs. 5000/- as ordered previously in MCC No. 463 of 2025) to the High Court Legal Services Committee within 10 days. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu