1 2026:CGHC:6419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 118 of 2026 The New India Assurance Company Limited, Through Its Divisional Manager, Divisional OfÏce - Iind Floor Rama Trade Centre In Front Of Rajeev Plaza, Old Bus Stand Bilaspur, Tahsil And Distt. Bilaspur Chhattisgarh ... Applicant versus 1 - Sanil Khande S/o Agam Khande Aged About 19 Years Caste - Satnami, R/o Village Turkadih, P.S. Koni, Tahsil - Takhatpur, Distt. - Bilaspur Chhattisgarh 2 - Gondi Yadav S/o Chandel Yadav Aged About 24 Years R/o Village - Kachar, P.S. Koni, Tahsil - Takhatpur, Distt. - Bilaspur Chhattisgarh (Driver Of Mazda Bearing Registration No. C.G. 10 C 8042) 3 - Dwarika Prasad Verma S/o Late Shri Kunwar Singh Verma Caste - Kurmi, R/o Bandhwapara, Zorapara, P.S. Sarkanda, Tahsil And Distt. - Bilaspur Chhattisgarh (Owner Of Mazda Bearing Registration No. C.G. 10 C 8042) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.02.06 10:31:19 +0530 2 ... Respondent(s) (Cause title taken from CIS) For applicant : Shri Dashrath Gupta, Advocate For Respondent(s) : Ms. Pranoti Das, Advocate appears on behalf of Shri Goutam Khetrapal, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 05.02.2026 1. Heard on I.A. No. 01/2026, an application for condonation of delay in filing the present MCC. 2. Learned counsel for the applicant submits that due to a bona fide mistake, the order dated 10.05.2024 could not be complied with within the stipulated period. It is further submitted that the delay of 511 days caused in filing the application for restoration is neither intentional nor deliberate, but bona fide. 3. Learned counsel for respondent No. 1 opposed the application and objected to the grounds raised by the applicant for condonation of delay. 4. Upon due consideration of the submissions made by learned counsel for the parties and for the reasons mentioned in the 3 application, I.A. No. 01/2026 is allowed. Accordingly, the delay of 511 days in filing the MCC is hereby condoned. 5. The present MCC has been filed seeking restoration of MAC No. 105/2017, which was dismissed by this Court due to non- compliance of the order dated 10.05.2024. 6. On due consideration of the submissions made by learned counsel for the applicant and the pleadings contained in the MCC, the same is allowed. Consequently, MAC No. 105/2017 is restored to its original number, subject to payment of costs of Rs. 5,000/- payable to the High Court Legal Aid Committee within a period of seven days. The applicant is further directed to comply with the order dated 10.05.2024 within a period of ten days from today. Sd/- (Bibhu Datta Guru) Judge Shoaib