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2025 DAILYLAW 57491 (CHH)

LEKH RAM SAHU v. SAMRESH ASHISH BENARJI

MCC/1043/2025 · 2025-10-26

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:52229 HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1043 of 2025 1 - Lekh Ram Sahu S/o Ganpat Ram Sahu Aged About 42 Years R/o Ward No. 01, Ahiwara, Kranti Chowk, Durg, Distt. Durg, Chhattisgarh. 2 - Khilendra Sahu S/o Lekh Ram Sahu Aged About 21 Years R/o Ward No. 01, Ahiwara Kranti Chowk, Durg, Distt. Durg, Chhattisgarh. 3 - Ku. Dipika Sahu D/o Lekh Ram Sahu Aged About 19 Years R/o Ward No. 01, Ahiwara, Kranti Chowk, Durg, Distt. Durg, Chhattisgarh. ... Petitioners versus 1 - Samresh Ashish Benarji S/o Late A.K. Benarji Aged About 42 Years R/o Gandhi Nagar, Bhilai-3, Distt. Durg, Chhattisgarh. (Driver and Owner) (Driver of Offending Vehicle Vista No. C.G. 07, M.P.-1372). 2 - Manager The New India Insurance Company Ltd. Chouhan Estate Supela, Bhilai, Distt. Durg, Chhattisgarh. (Insurer of Offending Vehicle Vista No. CG 07, M.P.-1372) ... Respondents For Petitioners : Mr. Vinod Kumar Sharma, Advocate Fo respondent no.2 : Mr. Pankaj Agrawal, Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.10.28 15:24:45 +0530 2 27/10/2025 Heard on I.A.No.1, which is an application filed under Section 5 of the Limitation Act for condonation of delay in filing the restoration application. On due consideration, delay in filing the application is condoned and I.A.No.1 is allowed. Also heard on M.C.C. No.1043 of 2025 seeking restoration of MA(C) No.1489/2019 which has been dismissed for want of prosecution by order dated 08.05.2025. On due consideration of the grounds mentioned in the application, I am satisfied that the applicants are able to explain sufficient reasons for non-appearance of their counsel on 08.05.2025. Accordingly, this MCC is allowed and MA(C) No.1489/2019 is restored to its original number. List it in the next week. Sd/- (Sanjay Kumar Jaiswal) Judge Rao