HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 1017/2024 1. Chandraprakash Sharma S/o Shri Hemdatt Tewari, R/o Shakti Service Station, Village Dhabadeh, Tehsil Ramganjmandi, District Kota, At Present- House No.8, Pratap nNgar, Dadabari, Kota (Raj.) (Owner of Tankar No. RJ-33-G-60524) 2. Anil Singh Bhadauria S/o Shri Gayasingh Bhadauria, R/o- House No.356, Basant Bihar, Kota (Raj.) (POA holder of Tankar No. RJ-33-G-0524) ----Appellants/Non-Claimant Versus 1. Narendra Kumar S/o Shri Mangilal, R/o-GopaL Vihar, Malafatak, Kala Talab, Kota Junction, Kota (Raj.) ----Claimant/Respondent 2. Vahid Khan S/o Shri Mohammad Yasin Khan, R/o- Sundar Nagar, Railway Colony, Kota Junction, Kota (Raj.) (Driver of Tankar No. RJ-33-G-0524) ----Respondent/Non-Claimant 3. United India Insurance Company Limited, Address- Jhalawar Road, Kota (Raj) (Insurance Company Tankar No. RJ-33-G-0524) ----Non-Claimants/Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/01/2025 1. On dismissal of S.B. CMA No. 5737/2017 on 09.10.2023, instant restoration application is filed by applicant-appellant. 2. Office has pointed out a delay of 309 and to substantiate the reasons of delay, an application under Section 5 of Limitation act is filed. 3. Learned counsel for appellant while referring stay order dated 30.01.2018 submits that 1/3rd of the award was already deposited before learned Tribunal by way of banker cheque and a (2 of 3) [CRES-1017/2024] copy of certificate issued by State Bank of India along with bank statement is available with him for perusal of Hon’ble Court. He further submits that out of this deposited amount, 50% of the same has been released in favour of respondent No.1-claimant. He further submitted that the applicant will suffer irreparable loss, if the matter is not restored on Board. 4. Having considered the submission and also on perusal by material placed on record, it is apparent on record that in compliance of interim order passed by Coordinate Bench of this Court, the appellant-applicant has deposited ₹1,02,000/- by way of bankers cheque No. 464546 dated 27.02.2018 before learned Tribunal and the entire amount was released in favour of claimant. 5. Considered the facts and circumstances of the case, and the reasons has assigned by the counsel, it is appropriate to allow application for condonation of delay and also to restore this S.B. CMA on Board. 6. In view of aforesaid, application under Section 5 of Limitation Act is allowed and delay is condoned, and the restoration application is also allowed and S.B. CMA No. 5737/2017 is restored to its original number. 7. Misc. application stands disposed of. 8. After re-registration of CMA, issue fresh notice to respondent Nos. 2 and 3. 9. Steps be taken within one week by filing PF notices. 10. Additional set be issued through registered speed post. 11. Before parting the order, it has come to our notice that this Court has directed release of 50% of the deposited amount to claimant, but the order-sheet dated 18.05.2018 of Trial Court (3 of 3) [CRES-1017/2024] indicate that the entire amount was released in favour of claimant. Though learned Trial Court has issued a notice to Clerk but whether any action was initiated or not, therefore, so office is directed to call a status report said negligence. 12. Office is directed to list S.B. CMA in the month of February, 2025. (ASHOK KUMAR JAIN),J GAURAV /09