1 2025:CGHC:60871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1253 of 2025 1 - Laxmi Prasad Tiwari S/o Late Dwarika Prasad Tiwari, Aged About 47 Years R/o Imlibhata, Bandhwapara, Police Station Sarkanda, District Bilaspur (C.G.) 2 - Krishna Kumar Tiwari, S/o Laxmi Prasad Tiwari, Aged About 21 Years R/o Imlibhata, Bandhwapara, Police Station Sarkanda, District Bilaspur (C.G.) ... Applicants versus 1 - Vitthal Yadav S/o Shri Santosh Yadav, Aged About 27 Years R/o Bandhwapara, Sarkanda, District Bilaspur (C.G.)........(Driver of Bus No. CG-11-ZB-0471) 2 - Abhilash Manikpuri, S/o Shri Suresh Manikpuri, R/o Village Sukulkari, Tahsil Masturi, District Bilaspur (C.G.).........(Owner Of Bus No. CG-11-ZB-0471) 3 - National Insurance Com. Ltd. Through The Divisional Manager, Vyapar Vihar Road, Bilaspur (C.G.)........(Insurer Of Bus No. CG-11-ZB- 0471) ... Respondent(s) (Cause title is taken from Case Information System) For Applicants : Mr. Pravesh Sahu, Advocate For Respondents : Mr. Dashrath Gupta, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.12.16 13:11:40 +0530 2 Order on Board 15/12/2025 1. Heard on I.A. No.01/2025, application for condonation of delay in filing M.C.C. 2. On due consideration, for the reasons mentioned in the application, I.A. No.01/2025 is allowed and the delay of 25 days in filing the M.C.C. is hereby condoned in the interest of justice. 3. Also heard on M.C.C., which is an application for restoration of MAC No.19/2017, which was dismissed vide order dated 23.09.2025 for want of prosecution. 4. Learned counsel for the applicants would submit that while tracing the cases from the cause list, he slipped the case, due to which he could not appeared on 23.09.2025, when the case was taken- up for hearing, therefore, the same was dismissed for want of prosecution. Hence, the said mistake was bonafide and the applicant wants to contest the case on merits, thus the instant M.C.C may be allowed and MAC No.19/2017 may be restored to its original number. 5. Learned counsel for the respondents has not opposed the prayed made by learned counsel for the petitioners. 6. On due consideration and for the reasons mentioned in the restoration application, instant MCC is hereby allowed. 3 7. Accordingly, the Registry is directed to restore MAC. No.19/2017 (Laxmi Prasad Tiwari and Another vs. Vitthal Yadav and others) in its original number. Sd/- (Naresh Kumar Chandravanshi) Judge Ravi Mandavi