2025:CGHC:15981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 894 of 2025 Oriental Insurance Company Limited Through Its Divisional Manager, Divisional Office-1, Oriental Insurance Company Limited, Jail Road, Raipur, District- Raipur, Chhattisgarh............(Insurer Of Truck No. Ka-22.A.7288) ---- Applicant Versus 1 - Sukhram S/o Shri Panku Singh Dhurve Aged About 40 Years Permanent Address- R/o Village Devhara, House No. 23, Bamhani, Tehsil Ghughri, District- Mandla, Present Address Pavanraj Dharvaiya, Krishna Chowk, Lalpur, Police Station- Tikrapara, Raipur, District- Raipur, Chhattisgarh 2 - Siyawati W/o Shri Sukhram Dhurve Aged About 38 Years Permanent Address- R/o Village Devhara, House No. 23, Bamhani, Tehsil Ghughri, District- Mandla, Present Address Pavanraj Dharvaiya, Krishna Chowk, Lalpur, Police Station- Tikrapara, Raipur, District- Raipur, Chhattisgarh 3 - Shailbam S/o Tangebal Permanent Address- Norapur, Police Station- Perambo, District- Perambo (Tamil Nadu), Present Address Through Deep Ravichandran Alias T.P. Ramchandran, S/o Parime Swami, Manager, C.K.R. Borewells, Simga, Post And Police Station- Simga, District- Balodabazar, Chhattisgarh..........… (Driver Of Truck No. Ka 22.A.7288) 4- M. Murugeshan Through Deep Ravichandran Alias T.P. Ramchandran S/o Parime Swami, Manager, C.K.R. Borewells, Simga, Post And Police Station- Simga, District- Balodabazar, Chhattisgarh................(Owner Of Truck No. Ka.22.A.7288) --- Non-applicants For Applicant : Shri Hanuman Prasad Agrawal, Advocate. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.01 17:24:47 +0530 -2- Hon'ble Shri Justice Sachin Singh Rajput Order on Board 01/09/2025 1. Learned cousnel for the appellant is permitted to cure the default during the course of the day. 2. Heard on 01/2025 an application for condonation of delay in filing the restoration application and for the reasons stated in the application, the delay of 386 in filing the restoration application is hereby condoned. 3. This MCC has been filed for the restoration of M.A. (C) No. 607 of 2019 and recalled the order dated 11/06/2024 passed by this Court. 4. Learned cousnel for the appellant submits that the M.A.(C) No. 607 of 2019 was listed before this Court on 11/06/2024 with some default raised by the Registry. This Court granted a week’s time to remove the default, failing which, the appeal shall stand automatically dismiss without reference to the Bench. 5. Learned cousnel for the appellant submits that the instant appeal was entrusted to one counsel, however, he could not intimate the same to the appellant - Insurance company and in non-compliance order of this Court dated 11/06/2024, the appeal stood dismissed. He submits that the order dated 11/06/2024 may be recalled and the M.A. (C) No. 607 of 2019 is restored to its original number. On due consideration, the application is allowed and the order dated 11/06/2024 is recalled. The M.A. (C) No. 607 of 2019 is restored to its original number and further 10 working days time is granted to learned counsel for the appellant to remove the default from today, failing which this order shall lose its efficacy. -Sd/- (Sachin Singh Rajput) Judge Ashish