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2025 DAILYLAW 37724 (CHH)

BASANT KUMAR JAISWAL v. PUSHKAR KUMAR MADHUKAR

MCC/880/2024 · 2025-07-23

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

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1 2025:CGHC:35764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 880 of 2024 Basant Kumar Jaiswal S/o Jokhan Ram Aged About 55 Years Resident Of S.E.C.L. Colony Baikunthpur, District Koriya, Chhattisgarh ... Applicant versus 1 - Pushkar Kumar Madhukar S/o Madan Lal Madhukar Aged About 24 Years Resident Of Rani Goanv Singri, Naharpara, P.S. Ratanpur, District Bilaspur, Chhattisgarh,..(Non-Applicant No. 1) 2 - Vasudev Parvani S/o Late Chela Ram Resident Of Ward No. 5, Sindhi Colony, Jarhabhata, District Bilaspur, Chhattisgarh,..(Non-Applicant No. 2) 3 - The Oriental Insurance Company Ltd. C.B.O. Korba, Commercial Complex, T.P. Nagar, Korba, District Korba, Chhattisgarh,..(Non-Applicant No. 3) ... Respondents For Applicant : Ms. Mamta Mahilange, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 24.7.2025 1. Heard on IA No.01/2025, application for condonation of delay in filing the application for restoration along with MCC. 2. Learned counsel for the applicant submits that MA(C) No.346/2020 (Basant Kumar Jaiswal vs. Pushkar Kumar Madhukar & Ors.) was dismissed on 23.9.2023 in compliance of peremptory order dated 18.8.2023. She further submits that since the file of the counsel was misplaced, therefore, he BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.07.25 11:12:39 +0530 2 could not rectify the default within the stipulated period. She further submits that because of aforesaid reason, delay of 361 days also occurred in filing instant MCC, therefore, she prayed that delay is bonafide and the same may be condoned and the MCC may be allowed. 3. On due consideration of the reasons mentioned in the application, IA No.01/2025, application for condonation of delay in filing the application for restoration is allowed and MCC is also allowed in the interest of justice. . 4. Registry is directed to restore MA(C) No.346/2020 (Basant Kumar Jaiswal vs. Pushkar Kumar Madhukar & Ors.) is restored to its original number. Sd/- (Naresh Kumar Chadnravanshi) Judge Bini